Courts Development in the United States

Development of

Introduction to Courts Development

The settlers who came to England’s colonies in North America brought their legal traditions with them. Like the English courts from which they descended, early American state courts had five principal functions: (1) they conducted criminal trials, (2) they heard cases falling under common law (judge-made law), (3) they heard cases involving statutes, which legislatures sometimes enacted to supplement the common law and even to change it, (4) certain state courts, often called chancery courts, heard special equity cases that did not fall under common law; the chancery courts provided relief based on equity (fairness) and were less restricted by technical legal rules, and (5) a few state courts heard appeals from the decisions of lower courts.

Until the states adopted the Constitution of the United States in 1789, no national courts existed. Article III, Section 1, of the Constitution established the Supreme Court of the United States and gave Congress the power to create other federal courts. In the Judiciary Act of 1789 Congress created two sets of “inferior” (lower) federal courts-district courts and circuit courts-and gave each jurisdiction to hear certain types of cases. Paradoxically, until the late 19th century federal courts were not permitted to hear cases that involved most types of federal legal issues. Instead, to avoid state courts favoring their own citizens, federal courts were primarily used to settle ordinary common law disputes between citizens of different states.

Unlike state courts, federal courts have no authority to create a general common law, either for a state or the country as a whole. The common law is a body of law developed by the courts in the absence of statutes enacted by the legislature. A federal court cannot pronounce new common law; it may only interpret the law contained in statutes or regulations.” (1)

Resources

Notes and References

• Information about Courts Development in the Encarta Online Encyclopedia

Guide to Courts Development

In this Section

• Courts in the United States

• Courts Development, Federal Courts, District Courts, Courts of Appeals, Supreme Court, Courts of Special Jurisdiction, Territorial Courts, State Courts, Courts of Limited Jurisdiction, Courts of General Jurisdiction, Intermediate Appellate Courts, Supreme Appellate Courts, Courts Challanges, Courts of Appeals