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 Dakota, the judicial system is structured with the South 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. South Dakota does not have an intermediate court of appeals; instead, all appeals from the trial courts go directly to the Supreme Court. The trial courts in South Dakota are known as Circuit Courts, and they have general jurisdiction over all civil and criminal cases. These courts handle a wide range of matters, including criminal cases, family law (such as divorce, child custody, and support), probate issues, and general civil disputes over money and property. While South Dakota's Circuit Courts are courts of general jurisdiction, there are also specialized courts for certain types of cases, such as drug courts and veterans courts, which focus on rehabilitation and alternative sentencing for individuals with specific needs.