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Below are all of the laws that govern the structure of courts that match your search criteria.
20 Results
State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Idaho | Idaho Const. Art. V, § 9 | Original and Appellate Jurisdiction of Supreme Court |
The Supreme Court shall have jurisdiction to review, upon appeal, any decision of the district courts, or the judges thereof, any order of the public utilities commission, any order of the industrial accident board, and any plan proposed by the commission for reapportionment created pursuant to section 2, article III; the legislature may provide conditions of appeal, scope of appeal, and procedure on appeal from orders of the public utilities commission, of the industrial accident board. On appeal from orders of the industrial accident board the court shall be limited to a review of questions of law. The Supreme Court shall also have original jurisdiction to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all writs necessary or proper to the complete exercise of its appellate jurisdiction.
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Supreme Court | Jurisdiction of the courts |
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Idaho | Idaho Const. Art. V, § 11 | District Courts -- Judges and Terms |
The state shall be divided into five (5) judicial districts, for each of which a judge shall be chosen by the qualified electors thereof, whose term of office shall be four (4) years. And there shall be held a district court in each county, at least twice in each year, to continue for such time in each county as may be prescribed by law. But the legislature may reduce or increase the number of districts, district judges and district attorneys. This section shall not be construed to prevent the holding of special terms under such regulations as may be provided by law.
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District Courts | Creation of the courts |
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Idaho | Idaho Const. Art. V, § 14 | Special Courts in Cities and Towns |
The legislature may provide for the establishment of special courts for the trial of misdemeanors in incorporated cities and towns, where the same may be necessary. |
Municipal Courts | Creation of the courts, Jurisdiction of the courts |
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Idaho | Idaho Code § 1-2403 | Court of Appeals Established -- Administration and Supervision |
There is hereby created the Idaho court of appeals. The court of appeals shall be part of the judicial branch of government and shall be subject to administration and supervision by the supreme court of Idaho pursuant to article 5, section 2 of the Idaho constitution.
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Court of Appeals | Creation of the courts |
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Idaho | Idaho Code § 1-2406 | Jurisdiction -- Assignment and Revocation of Assignment of Cases -- Authority in Furtherance of Jurisdiction |
(1) Any provision of law to the contrary notwithstanding, the Idaho court of appeals shall have jurisdiction to hear and to decide all cases assigned to it by the Idaho supreme court; provided, that the supreme court shall not assign cases invoking the supreme courts original jurisdiction, nor appeals from imposition of sentences of capital punishment in criminal cases, nor appeals from the industrial commission, nor appeals from the public utilities commission. (2) In assigning cases to the Idaho court of appeals, the Idaho supreme court shall give due regard to the workload of each court, to the error review and correction functions of the court of appeals, and to the desirability of retaining for decision by the supreme court those cases in which there is substantial public interest or in which there are significant issues involving clarification or development of the law. (3) Upon motion of any party, or upon recommendation of the court of appeals, or upon its own motion, the supreme court may revoke assignment of a case to the court of appeals. In the event of such transfer or revocation of assignment, the case shall be heard and decided by the supreme court. (4) A judge of the court of appeals may be assigned cases in other courts from time to time by the chief justice of the supreme court of Idaho, and when so assigned shall have the same powers, duties and functions as a judge of the court to which he is assigned; provided, however, that no judge shall participate in the review by the supreme court or by the court of appeals of a case in which he participated while serving on the district court or court of appeals.
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Court of Appeals | Jurisdiction of the courts |
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Idaho | Idaho Code § 1-2201 | Magistrate Division of District Court -- Established |
Pursuant to the provisions of section 2 of article V of the Idaho Constitution there is hereby established in each county of the state of Idaho a magistrate division of the district court.
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Magistrates | Creation of the courts |
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Idaho | Idaho Code § 1-2208 | Assignment of Cases to Magistrates |
Subject to rules promulgated by the supreme court, the administrative judge in each judicial district or any district judge in the district designated by him may assign to magistrates, severally, or by designation of office, or by class or category of cases, or in specific instances the following matters: (1) Civil proceedings as follows: (a) When the amount of money or damages or the value of personal property claimed does not exceed five thousand dollars ($5,000): (i) Actions for the recovery of money only arising on contracts express or implied; actions for damages for injury to person, property or reputation or for taking or detaining personal property, or for fraud; (ii) Actions for rent and distress for rent; (iii) Actions for claim and delivery; (iv) Proceedings in attachment, garnishment, wage deductions for the benefit of creditors, trial or right of personal property and exemptions, and supplementary proceedings; (v) Actions arising under the laws for the incorporation of cities or counties or any ordinance passed in pursuance thereof; actions for the confiscation or abatement of nuisances and the seizure, condemnation and forfeiture of personal property; proceedings in respect of estrays and lost property; (vi) Actions to collect taxes. (b) Proceedings in forcible entry, forcible detainer, and unlawful detainer; and (c) Proceedings for the enforcement and foreclosure of common law and statutory liens of not to exceed five thousand dollars ($5,000) on real or personal property. (2) Proceedings in the probate of wills and administration of estates of decedents, minors and incompetents. (3) The following criminal and quasi-criminal proceedings: (a) Misdemeanor and quasi-criminal actions; (b) Proceedings to prevent the commission of crimes; (c) Proceedings pertaining to warrants for arrest or for searches and seizures; and (d) Proceedings for the preliminary examination to determine probable cause, commitment prior to trial or the release on bail of persons charged with criminal offenses. (4) Any juvenile proceedings except those within the scope of the provisions of section 1-2210, Idaho Code. (5) Proceedings under the Idaho traffic infractions act, chapter 15, title 49, Idaho Code.
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Administrative Judges | Jurisdiction of the courts |
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Idaho | Idaho Code § 1-2210 | Assignments Restricted to Magistrates Who are Attorneys |
(1) The supreme court by rule may specify additional categories of matters assignable to magistrates, except that the following matters may not be assigned to magistrates who are not attorneys: (a) Civil actions in which the amount of money or damages or the value of property claimed exceeds five thousand dollars ($5,000), except as otherwise authorized by this act; (b) Criminal proceedings in which the maximum authorized punishment exceeds the punishment authorized for misdemeanors; (c) All proceedings involving the custody of minors and all habeas corpus proceedings; (d) Proceedings for divorce, separate maintenance or annulment; and (e) Proceedings in quo warranto, or for injunction, prohibition, mandamus, ne exeat, or appointment of a receiver. (2) The supreme court may assign an attorney magistrate to temporary service on the supreme court, except an attorney magistrate may not be assigned to hear cases in which the attorney magistrate participated, nor may an attorney magistrate be assigned to hear cases which originated in his or her judicial district.
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Magistrates | Jurisdiction of the courts |
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Idaho | Idaho Code § 1-2301 | Small Claims Department -- Creation -- Scope of Claims -- Venue |
In every magistrate's division of the district court of this state, the district court may create and organize a "Small Claims Department of the Magistrate's Division," which shall have jurisdiction in cases for the recovery of money where the amount of each claim does not exceed five thousand dollars ($ 5,000), and in cases for the recovery of personal property where the value of the property does not exceed five thousand dollars ($ 5,000); provided however, that the small claims department shall not award punitive damages or damages for pain or suffering in any proceeding. Any action brought in a small claims department of the magistrate's division shall be brought in the magistrate's division in the county where the defendant resides or the county where the cause of action arose. A defendant may request a change of venue if an action is brought in an improper county.
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Small Claims Department | Creation of the courts, Jurisdiction of the courts |
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Idaho | Idaho Code § 20-505 | Jurisdiction |
Subject to the prior jurisdiction of the United States, the court shall have exclusive, original jurisdiction over any juvenile and over any adult who was a juvenile at the time of any act, omission or status, in the county in which the juvenile resides, or in the county in which the act, omission or status allegedly took place, in the following cases: (1) Where the act, omission or status occurs in the state of Idaho and is prohibited by federal, state, local or municipal law or ordinance by reason of minority only; (2) Where the act or omission occurs in the state of Idaho and is a violation of any federal, state, local or municipal law or ordinance which would be a crime if committed by an adult; (3) Concerning any juvenile where the juvenile comes under the purview of the interstate compact for juveniles as set forth in chapter 19, title 16, Idaho Code; (4) This chapter shall not apply to juvenile violators of beer, wine or other alcohol and tobacco laws; except that a juvenile violator under the age of eighteen (18) years at the time of the violation may, at the discretion of the court, be treated under the provisions of this chapter, provided that a juvenile taken into custody pursuant to section 20-516(1)(c), Idaho Code, for an alcohol age infraction under section 18-1502(e), Idaho Code, shall be treated within the provisions of this chapter; (5) This chapter shall not apply to the juvenile offenders who are transferred for criminal prosecution as an adult, as provided in this chapter; (6) This chapter shall not apply to juvenile violators of traffic, watercraft, fish and game, failure to obey a misdemeanor citation and criminal contempt laws; except that a juvenile violator under the age of eighteen (18) years at the time of such violation may, at the discretion of the court, be treated under the provisions of this chapter; (7) This chapter shall not apply to juvenile sex offenders who violate the provisions of section 18-8414, Idaho Code.
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District Courts | Jurisdiction of the courts |
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Idaho | Idaho Code § 16-1604 | Retention of Jurisdiction |
Jurisdiction obtained by the court under this chapter shall be retained until the child's eighteenth birthday, unless terminated prior thereto. Jurisdiction of the court shall not be terminated by an order of termination of parental rights if guardianship and/or custody of the child is placed with the department of health and welfare.
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District Courts | Jurisdiction of the courts |
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Idaho | Idaho Code § 16-1603 | Jurisdiction of the Courts |
(1) Except as otherwise provided herein, the court shall have exclusive original jurisdiction in all proceedings under this chapter concerning any child living or found within the state: (a) Who is neglected, abused or abandoned by his parents, guardian or other legal custodian, or who is homeless; or (b) Whose parents or other legal custodian fails to provide a stable home environment; (2) If the court has taken jurisdiction over a child under subsection (1) of this section, it may take jurisdiction over another child living or having custodial visitation in the same household without the filing of a separate petition if it finds all of the following: (a) The other child is living or is found within the state; (b) The other child has been exposed to or is at risk of being a victim of abuse, neglect or abandonment; (c) The other child is listed in the petition or amended petition; (d) The parents or legal guardians of the other child have notice as provided in section 16-1611, Idaho Code.
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District Courts | Jurisdiction of the courts |
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Idaho | Idaho Code § 20-507 | Retention of Jurisdiction |
Jurisdiction obtained by the court in the case of a juvenile offender shall be retained by it for the purposes of this act until he becomes twenty-one (21) years of age, unless terminated prior thereto. If a juvenile offender under the jurisdiction of the court and after attaining eighteen (18) years of age, is charged with a felony, he shall be treated as any other adult offender. If a person eighteen (18) years of age or older already under court jurisdiction is convicted of a felony, that conviction shall terminate the jurisdiction of the court, provided however, nothing herein contained shall prohibit any court from proceeding as provided in section 20-508(2), Idaho Code.
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District Courts | Jurisdiction of the courts |
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Idaho | Idaho Code § 19-5603 | Drug Court -- Establishment |
The district court in each county may establish a drug court which shall include a regimen of graduated sanctions and rewards, substance abuse treatment, close court monitoring and supervision of progress, educational or vocational counseling as appropriate, and other requirements as may be established by the district court, in accordance with standards developed by the Idaho supreme court drug court and mental health court coordinating committee.
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Drug Court | Creation of the courts |
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Idaho | Idaho Code § 19-5609(1) | Mental Health Courts |
The district court in each county may establish a mental health court which shall include a regimen of graduated sanctions and rewards, mental health and other appropriate treatment, close court monitoring and supervision of progress, educational or vocational counseling as appropriate, eligibility standards and other requirements as may be established by the district court, in accordance with standards developed by the Idaho supreme court drug court and mental health court coordinating committee. No person has a right to be admitted into a mental health court. A mental health court may be operated in conjunction with a drug court.
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Mental Health Court | Creation of the courts |
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Oklahoma | Okla. Stat. tit. 20, § 40 | Appellate Jurisdiction |
The Court of Criminal Appeals shall have exclusive appellate jurisdiction, coextensive with the limits of the state, in all criminal cases appealed from the district, superior and county courts, and + See moresuch other courts of record as may be established by law.
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Court of Criminal Appeals | Jurisdiction of the courts |
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Oklahoma | Okla. Stat. tit. 20, § 91.1 | District courts as successors to jurisdiction of various other courts |
The district courts of the State of Oklahoma are the successors to the jurisdiction of all other courts, including the Superior Courts, the County Courts, the Courts of Common Pleas, + See moreSpecial Sessions Courts, Courts of Special Sessions, City Courts, Juvenile Courts, Children's Courts, Justice of the Peace Courts, and municipal courts in civil matters and proceedings for the violation of state statutes. Wherever reference is made in the Oklahoma Statutes to any of the above courts or to the judge thereof, it shall be deemed to refer to the district court or a judge thereof; provided, however, that any statute that refers to the salary of the judge of any Superior Court, Court of Common Pleas, County Court, Juvenile Court, or Children's Court, insofar as that portion of the statute dealing with salary is concerned, shall not be deemed to refer to any district judge, associate district judge or special judge, and any salary mentioned in such statute shall not be paid to the judge who succeeded to the jurisdiction of the judge who is named in the statute.
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District Court | Jurisdiction of the courts |
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Oklahoma | Okla. Stat. tit. 22, § 471.1 | Authorization of Drug Court Programs |
Each district court of this state is authorized to establish a drug court program pursuant to the provisions of this act, subject to availability of funds. Juvenile drug courts may + See morebe established based upon the provisions of this act; provided, however, juveniles shall not be held, processed, or treated in any manner which violates any provision of Title 10A of the Oklahoma Statutes.
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District Court | Creation of the courts |
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Oklahoma | Okla. Stat. tit. 22, § 472 | Anna McBride Act--Mental health courts | Any district or municipal court of this state may establish a mental health court program pursuant to the provisions of this section, subject to the availability of funds. | District Court or Municipal Court | Creation of the courts |
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Oklahoma | Okla. Stat. tit. 11, § 28-102 | Jurisdiction of criminal court of record--Jury trial--Maximum punishment--Double jeopardy |
he municipal criminal courts of record shall have original jurisdiction to hear and determine all prosecutions when a violation of any of the ordinances of the city where the court + See moreis established is charged, as provided by Article VII, Section 1 of the Oklahoma Constitution.
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Municipal Court | Jurisdiction of the courts |