Dual System

Definition of Dual System

Note: See a more comprehensive approach to the Dual System legal concept in the American Law Encyclopedia

Refers to the parallel judicial structure located at the federal and state levels. The dual system for courts is an element of the American federalism where authority is divided between the two levels. Generally, the two judicial systems are separate. Each has its own system of courts that performs trial and appellate functions. Once a case begins in either the state or the federal system, it typically remains there. The vast majority of lawsuits are litigated in the state courts. Most criminal prosecutions, domestic matters like divorce actions, and common financial recovery disputes are governed by state law. Federal jurisdiction, on the other hand, is limited to matters involving federal constitutional, statutory, or treaty matters, or cases where the parties are citizens of other countries or different states. Concurrent jurisdiction, which exists for several narrow categories of questions, permits litigants to initiate cases in either federal or state courts. The principal point of linkage between the two court systems is the U.S. Supreme Court. Provided federal jurisdictional requirements are satisfied, decisions of state courts of last resort may be reviewed by the United States Supreme Court (Law of the United States). Otherwise, the two systems are essentially independent. The administration of the two levels of courts is similarly independent.

See Also

Concurrent Jurisdiction (Law of the United States) Federalism (Law of the United States) State Supreme Court (Law of the United States) United States Supreme Court (Law of the United States) (Law of the United States).

Resources

Dual System Related Resources

• Dual System in the United States Legal Encyclopedia
• Judicial Organization Keywords in the United States Legal Encyclopedia
• Judicial Organization Keywords in the International Legal Dictionary

Notes

• “Dual System”, The American Law Dictionary, 1991, California

Dual System (Judicial Organization)