Each state’s constitution and laws establish the state’s courts, which interpret state laws (and generally not federal laws). A court of last resort, often known as a supreme court, is usually the highest court in the state. Some states also have an intermediate court of appeals. Below these intermediate courts of appeal are the state trial courts, where most lawsuits begin. State trial courts are referred to differently in different states—often as district courts, circuit courts, or superior courts.

State courts are often courts of general jurisdiction—meaning they hear all types of cases—involving criminal law, family law, probate law, and general disputes involving money and property. But more populated counties often have courts of specific jurisdiction, such as family courts that only hear family law matters (divorce, child custody, child support); criminal courts that only hear criminal matters; and probate courts that only handle the probate of estates and related litigation.

In North Dakota, the state court system is structured with the North Dakota Supreme Court serving as the court of last resort. This means it is the highest court in the state, and its decisions are final unless a federal issue is involved, which could then be appealed to the United States Supreme Court. Below the Supreme Court, North Dakota has a system of District Courts which serve as the state trial courts of general jurisdiction. These courts handle a wide variety of cases, including criminal, civil, family, and probate matters. North Dakota does not have an intermediate court of appeals; instead, appeals from the District Courts go directly to the Supreme Court. The state's trial courts are organized geographically across various districts, and while they generally have broad jurisdiction, in more populated areas, there may be specialized divisions or judges who focus on specific areas of law, such as family or probate cases. However, unlike some states, North Dakota does not have separate courts solely dedicated to family, criminal, or probate matters.