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 South Carolina, the judicial system is structured with a variety of courts, each serving a specific function within the state's legal framework. The South Carolina Supreme Court is the court of last resort, serving as the highest court in the state. Below the Supreme Court is the South Carolina Court of Appeals, which serves as an intermediate appellate court, reviewing decisions from the lower courts. At the trial level, South Carolina has Circuit Courts, which are courts of general jurisdiction and handle major criminal and civil cases. These Circuit Courts are divided into two divisions: the Court of Common Pleas, which handles civil cases, and the Court of General Sessions, which handles criminal cases. Additionally, there are Family Courts that exclusively deal with family-related matters such as divorce, child custody, and support. Probate Courts in South Carolina handle estate matters, guardianship, and involuntary commitment proceedings. For minor civil and criminal cases, there are also lower courts such as Magistrate Courts and Municipal Courts. Each court in the South Carolina judicial system is designed to interpret and apply state laws, rather than federal laws, unless federal law is specifically implicated in a case.