Supreme Court - Common Law Jurisdictions - United States

United States

The Supreme Court of the United States, established in 1789, is the highest Federal court in the United States, with powers of judicial review first asserted in Calder v. Bull (1798) in Justice Iredell's dissenting opinion. The power was later given binding authority by Justice Marshall in Marbury v. Madison (1803). There are currently nine seats on the US Supreme Court.

Each U.S. state has a state supreme court, which is the highest authority interpreting that state's law and administering that state's judiciary. Two states, Oklahoma and Texas, each have two separate highest courts that respectively specialize in criminal cases and civil cases. Although Delaware has a specialized court, the Court of Chancery, to hear cases in equity, it is not a supreme court because the Delaware Supreme Court has appellate jurisdiction over it.

The titles of state supreme court vary, which can cause confusion between jurisdictions because one state may use a name for its highest court that another uses for a lower court. In New York, Maryland, and the District of Columbia the highest court is called the Court of Appeals, a name used by many states for their intermediate appellate courts. Further, trial courts of general jurisdiction in New York are called the Supreme Court, and the intermediate appellate court is called the Supreme Court, Appellate Division. In West Virginia, the highest court of the state is the Supreme Court of Appeals. In Maine and Massachusetts the highest court is styled the "Supreme Judicial Court"; the latter is the oldest appellate court of continuous operation in the Western Hemisphere.