Every case in the United States begins with a court filing. Before doing so, the party bringing the case must determine which court is appropriately equipped to hear the case. One of the major questions in this determination is whether the court has “jurisdiction” over the case. A plaintiff will usually be required to file the case in a court that has both personal jurisdiction over the defendant as well as subject matter jurisdiction over the issues presented. (To learn more about personal and subject matter jurisdiction click here). While these factors will usually determine the geographic location of the case, the type of court in which a plaintiff files can change depending on the issues being litigated. This post will discuss the typical path a case takes when filed in the federal court system and situations where the nature of the case leads to deviations from that path.
State Courts
State courts have the jurisdiction to hear civil and criminal cases involving state constitutions, state statutes, and decisions made by state administrative agencies. For example, state courts will handle the prosecution of most criminal violations, which are charged under state criminal laws. They also are the only courts with jurisdiction over family law disputes like divorce proceedings and child custody cases, since those laws are exclusively state, rather than federal. Further, civil actions like contract disputes or tort claims are commonly decided by state courts. However, some questions involving federal law can be heard in state courts, unless a statute provides a federal court with exclusive jurisdiction over the issue, as discussed below.
Structure of the Federal Courts
The vast majority of federal court filings will begin in one of the U.S. district courts, which are located throughout the United States and its territories. District courts are given authority to hear civil and criminal cases in which a federal law is implicated. In these courts, district judges will typically divide the caseload amongst the judges in that district, with each one responsible for managing the pre-trial and trial process of cases assigned to them. Federal magistrate judges are also assigned to work in district courts, often handling pre-trial matters. District courts are the “finder of facts.” Their responsibility is to determine the facts of the case and apply relevant law to those facts.
After a district court has issued a final determination, that decision may be appealed to one of the U.S. courts of appeals. On this level, parties have the option to appeal “as of right.” This means that the party does not require the court’s permission to file an appeal. However, federal rules require that the appeal be filed within a certain period of time.
District courts are divided, by geography, into 12 regional circuits. Each numbered circuit is a separate appellate court. For example, the United States Court of Appeals for the Eighth Circuit is the federal appellate court responsible for cases arising from federal district courts in Arkansas, Missouri, Iowa, Nebraska, the Dakotas, and Minnesota. Appellate courts do not determine the facts of the case. Instead, they must accept the facts as determined by the district court, and only focus on whether the lower courts appropriately applied the law. This form of review is called “de novo,” which means the court will examine the case and draw its own conclusions independently, without giving any deference to the trial court’s analysis.
Decisions in the courts of appeals are rendered by circuit judges, who typically sit in a panel of three. These circuit judges will issue final decisions which are binding on lower courts within the regional circuit. Their final decisions can be appealed to the U.S. Supreme Court, but the Supreme Court will only review a small percentage of cases appealed from the circuit courts.
The Supreme Court of the United States (“SCOTUS”) is the ultimate and final stage of the U.S. federal courts system. SCOTUS is composed of one Chief Justice and eight Associate Justices. Under Article III of the U.S. Constitution, SCOTUS is provided with broad jurisdiction to resolve legal disputes arising under the laws of the U.S. and the Constitution. In that role, the Court generally will hear appeals from lower courts like the U.S. circuit courts of appeals. Similarly, SCOTUS may also hear cases from the highest level of state courts, but only in situations where an issue implicates a question of federal law.
Whether the case comes from a federal circuit or a state supreme court, a party seeking a ruling from the SCOTUS must file a writ of certiorari. A writ of certiorari requires a lower court to produce its record of a case to SCOTUS for review. Unlike an appeal as of right, filing a writ of certiorari does not guarantee that SCOTUS will hear a party’s case. After SCOTUS receives the writ, the Justices hold a conference to determine whether it should be granted. To be granted, four of the nine Justices must agree to hear the case. If the writ is denied, the decision of the lower court is final. In situations where a writ is granted, the Court will set a date for oral arguments and the parties will present their case. A decision by SCOTUS is final and binding on all lower courts of the United States. It may not be appealed. SCOTUS decisions may only be overturned by the Court itself in later decisions or by Congressional action.
When Will a Case Go Directly to the Circuit Courts?
As discussed above, circuit courts typically hear appeals of decisions from the U.S. district courts. However, certain situations exist where a case will skip directly to the circuit courts, bypassing district courts altogether. For example, when questions regarding the application of federal law are involved in a lawsuit, the suit will be filed directly in circuit courts. This traces back to the difference between the role of the district and federal courts, with the district court acting as the finder of fact and the circuit courts determining whether the law has been appropriately applied. Because a challenge to an application of federal law asks the court to consider only whether the law is correctly applied and does not require factual determinations, challenges to the actions of an administrative agency are typically filed directly in federal courts.
In fact, federal law provides all courts of appeals (other than the Federal Circuit) with exclusive jurisdiction to “enjoin, set aside, suspend (in whole or in part), or to determine the validity of” certain decisions from specified administrative agencies. 28 U.S.C. §2342 These include the Federal Communication Commission, the Secretary of Agriculture, the Secretary of Transportation, the Federal Maritime Commission, the Atomic Energy Commission, the Surface Transportation Board, and all final orders under section 812 of the Fair Housing Act.
Even more specifically, some other challenges to administrative actions may only be filed in a specific Circuit Court, most commonly, the United States Court of Appeals for the District of Columbia Circuit. 42 U.S.C. §4915. For example, certain actions taken by EPA to address noise control may be challenged specifically in the D.C. Circuit Court of Appeals. 42 U.S.C. §4915(a).
Agriculture and agricultural production frequently interact with federal agency authority and the interpretation of federal laws. In these situations, many challenges to laws or regulations will take place in federal circuit courts, rather than beginning at the district court level. For example, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which authorizes the EPA to regulate the distribution, sale, production, and use of pesticides, allows parties to file directly in circuit courts. Under FIFRA, when a party seeks to challenge the validity of “any order issued by the Administrator following a public hearing” they may file suit directly in the court of appeals for the circuit in which they reside or have a place of business. 7 U.S.C. §136n(b) This provides plaintiffs with the option of filing directly in circuit courts, but it does not require that they do so. This can be seen in National Farm Family v. U.S. Envtl. Protection Agency, No. 19-70115 (9th Cir. 2020) where plaintiffs challenged pesticide labels for dicamba-based pesticides issued by the EPA directly in the Ninth Circuit. However, in Ctr. for Biological Diversity v. U.S. Envtl. Protection Agency, No. 4:20-cv-00555 (D.Ariz.), the plaintiffs challenged the EPA’s December 2020 decision to register the dicamba pesticides for use directly onto crops in the U.S. District Court of Arizona, rather than a circuit court of appeals.
These examples of the circuit courts’ jurisdiction are just that- examples- and do not represent an exhaustive list. The various circuit courts have the jurisdiction to hear a variety of administrative issues, meaning that an individual challenging such agency actions will likely be able to file directly in the circuit courts.
When Do Cases Go Directly to the Supreme Court?
As discussed above, SCOTUS will often hear appeals from decisions issued by the lower courts. However, certain circumstances do exist where SCOTUS has “original jurisdiction” over a case. In those circumstances, a party may file the case directly with the Supreme Court, as opposed to reaching the Supreme Court on appeal. Situations in which SCOTUS has original jurisdiction are outlined in Article III, Section 2, Clause 2 of the U.S. Constitution.
For example, the U.S. Constitution grants SCOTUS original jurisdiction over “all cases affecting Ambassadors, other public Ministers and Consuls, and those in which a state shall be a party.” Commonly, disputes between states will involve questions regarding state boundaries or conflicts over water rights. For example, in 2024 the Supreme Court issued a decision in Texas v. New Mexico, 602 U.S. 943 (2024) a case involving an interstate water agreement between Texas, New Mexico, and Colorado. There, Texas petitioned the SCOTUS to resolve a dispute regarding the allocation of water between the three states under the Rio Grande Compact. Disputes regarding interstate water agreements make up many disputes between states heard by SCOTUS.
However, not every case in which states are attempting to file suit against another state will be heard. Instead, a state seeking to file suit must file a “motion for leave to file a bill of complaint.” This motion will describe the nature of the dispute to the Court and contain persuasive arguments on why the Court should hear the case. After this, the Court may decide whether to grant or deny the motion, set a date for oral arguments, or request the parties file additional documents containing more information. For example, in the above-mentioned case Texas v. New Mexico, Texas initially filed a petition with the Court back in 2013. The Court issued its opinion in 2024, after over a decade of various motions and filings. Even when the Court agrees to hear a dispute between states, extensive litigation will often be required before a final decision is rendered by the Court.
Other Unique Filings
In some cases, the subject matter of the dispute will require a filing in a specialized court within the federal system. For example, under the judiciary and judicial procedure section of the U.S. Code, core matters arising under the Bankruptcy Code may be heard and decided exclusively by federal bankruptcy courts. 28 U.S.C. §157(b)(2). The U.S. Court of Federal Claims is another court with unique jurisdiction outside of the traditional federal courts structure. There, parties may file suit when seeking money damages stemming from the U.S. Constitution, federal statutes, executive regulations, or contracts with the United States. For parties dealing with litigation involving import transactions and federal transactions in international trade, the U.S. Court of International Trade is specially equipped to review such matters. The United States Tax Court handles disputes between taxpayers and the Internal Revenue Service. For individuals seeking to appeal a decision of the Board of Veterans’ Appeals, the United States Court of Appeals For Veteran Claims possesses exclusive jurisdiction.
Conclusion
Most cases filed in the federal court system will progress through the typical filing process. First a case is filed in the U.S. district courts, then it is appealed to the circuit courts, and finally to the Supreme Court. However, as illustrated above, numerous circumstances exist where cases are filed directly with the circuit courts, the Supreme Court, or a more specialized federal court. Parties seeking to file suit in the federal courts system must consider whether the nature of their claim will impact the decision of where to file. U.S. district courts are equipped to hear a wide variety of cases, but the federal courts system recognizes that circumstances requiring unique filings do exist.
For more articles in the Procedures series, click here