What Is 28 USC

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Last updated: April 15, 2026

Quick Answer: 28 U.S.C. is Title 28 of the United States Code, which governs the federal judiciary and related procedures. It was enacted in 1948 as part of a broader codification of federal laws and includes over 200 sections covering courts, jurisdiction, judicial procedures, and law enforcement powers.

Key Facts

28 U.S.C. was officially enacted on June 25, 1948, replacing earlier judicial statutes
It contains more than 200 sections organized into nine chapters
Chapter 1 establishes the Supreme Court of the United States
Section 1331 provides federal question jurisdiction in district courts
Section 1782 allows U.S. courts to assist in foreign legal proceedings

Overview

28 U.S.C., or Title 28 of the United States Code, is the primary federal statute governing the structure, jurisdiction, and operations of the U.S. federal court system. It defines the roles of federal courts, judges, and legal procedures, forming the backbone of judicial administration across the country.

Originally codified in 1948, 28 U.S.C. consolidated and reorganized prior judicial laws into a coherent legal framework. It applies to all levels of the federal judiciary, from district courts to the Supreme Court, and includes provisions on judicial salaries, court administration, and legal remedies.

Enactment date: The current version of 28 U.S.C. was enacted on June 25, 1948, as part of a broader revision of U.S. statutes under the Statutes at Large.
Scope: It contains over 200 numbered sections organized into nine chapters, each addressing different aspects of the federal judiciary.
Supreme Court establishment:Chapter 1 formally establishes the Supreme Court of the United States and outlines its composition and authority.
Jurisdiction:Section 1331 grants federal district courts jurisdiction over civil actions arising under the Constitution, laws, or treaties of the United States.
Discovery powers:Section 1782 allows U.S. district courts to assist foreign and international tribunals by ordering discovery for use in overseas legal proceedings.

How It Works

28 U.S.C. structures the federal judiciary by defining the powers and responsibilities of each court level, procedural rules, and administrative functions. It serves as the legal foundation for how federal courts operate and interact with other branches of government.

Term: The term "United States district court" refers to the trial courts of the federal system, established under Section 81. Each state has at least one judicial district, and there are currently 94 districts nationwide.
Circuit Courts:Section 41 defines the U.S. Courts of Appeals as 13 distinct circuits, including 12 regional circuits and the Federal Circuit, which handles specialized cases like patent law.
Judicial salaries:Section 135 sets the annual salary for Supreme Court justices, with the Chief Justice earning $298,500 and Associate Justices $287,300 as of 2023.
Venue:Section 1391 outlines rules for proper venue in civil actions, ensuring cases are filed in geographically appropriate districts.
Jurisdiction limits:Section 1332 establishes diversity jurisdiction, requiring $75,000 in controversy and citizenship of parties from different states.
Judicial Conference:Section 331 creates the Judicial Conference of the United States, chaired by the Chief Justice, to oversee administrative policies for federal courts.

Comparison at a Glance

Below is a comparison of key courts and provisions defined under 28 U.S.C.:

Court or Provision	Established Under	Primary Function	Number of Courts
U.S. District Courts	Section 81	Trial courts for federal cases	94
U.S. Courts of Appeals	Section 41	Appellate review of district court decisions	13
Supreme Court of the U.S.	Chapter 1	Final interpreter of federal law	1
U.S. Court of Federal Claims	Chapter 5	Hears claims against the federal government	1
Judicial Panel on Multidistrict Litigation	Section 1407	Manages consolidated pretrial proceedings	7 judges

This table highlights how 28 U.S.C. organizes the federal judiciary into a tiered system with specialized functions. Each court operates under statutory authority defined in specific sections, ensuring consistency and legal accountability. The structure supports efficient case management and appeals processes across jurisdictions.

Why It Matters

28 U.S.C. is essential to the functioning of American democracy, ensuring an independent and structured judiciary. It enables fair legal processes, defines federal court authority, and supports the rule of law through clear procedural standards.

Legal access:Section 1915 allows indigent individuals to file lawsuits in forma pauperis, reducing financial barriers to justice.
Emergency powers:Section 1651 grants federal courts the authority to issue writs, including habeas corpus, to address urgent legal issues.
Patent jurisdiction: The Federal Circuit, established under Section 41, centralizes patent appeals, promoting uniformity in intellectual property law.
Transparency:Section 153 mandates public access to court records, reinforcing accountability in judicial proceedings.
International cooperation:Section 1782 is frequently used by foreign litigants to obtain U.S.-based evidence, enhancing global legal cooperation.
Judicial independence: By codifying court structures and funding, 28 U.S.C. helps protect judges from political interference.

Understanding 28 U.S.C. is crucial for legal professionals, policymakers, and citizens navigating the federal justice system. Its provisions continue to shape landmark rulings and ensure equitable access to federal courts.