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Structure of Courts
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Function
Below are all of the laws that govern the structure of courts that match your search criteria.
159 Results
| State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Georgia | Ga. Const. Art. VI, § III, Para. I | Jurisdiction of Classes of Courts of Limited Jurisdiction |
The magistrate, juvenile, and state courts shall have uniform jurisdiction as provided by law. Probate courts shall have such jurisdiction as now or hereafter provided by law, without regard to uniformity.
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Magistrate | Jurisdiction of the courts |
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Georgia | Ga. Const. Art. VI, § IV, Para. I | Jurisdiction of Superior Courts |
The superior courts shall have jurisdiction in all cases, except as otherwise provided in this Constitution. They shall have exclusive jurisdiction over trials in felony cases, except in the case of juvenile offenders as provided by law; in cases respecting title to land; and in divorce cases. They shall have concurrent jurisdiction with the state-wide business court in equity cases. A superior court by agreement of the parties may order removal of a case to the state-wide business court as provided by law. The superior courts shall have such appellate jurisdiction, either alone or by circuit or district, as may be provided by law.
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Superior Court | Jurisdiction of the courts |
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Georgia | Ga. Code Ann. § 15-6-8 | Jurisdiction and Powers of Superior Courts |
The superior courts have authority: (1) To exercise original, exclusive, or concurrent jurisdiction, as the case may be, of all causes, both civil and criminal, granted to them by the Constitution and laws; (2) To exercise the powers of a court of equity; (3) To exercise appellate jurisdiction from judgments of the probate or magistrate courts as provided by law; (4) To exercise a general supervision over all inferior tribunals and to review and correct, in the manner prescribed by law, the judgments of: (A) Magistrates; (B) Municipal courts or councils; (C) Any inferior judicature; (D) Any person exercising judicial powers; and (E) Judges of the probate courts, except in cases touching the probate of wills and the granting of letters of administration, in which a jury must be impaneled; (5) To punish contempt by fines not exceeding $1,000.00, by imprisonment not exceeding 20 days, or both; and (6) To exercise such other powers, not contrary to the Constitution, as are or may be given to such courts by law.
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Superior Court | Jurisdiction of the courts |
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Georgia | Ga. Const. Art. VI, § V, Para. III | Jurisdiction of Court of Appeals; Decisions Binding |
The Court of Appeals shall be a court of review and shall exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law. The decisions of the Court of Appeals insofar as not in conflict with those of the Supreme Court shall bind all courts except the Supreme Court as precedents.
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Court of Appeals | Jurisdiction of the courts |
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Georgia | Ga. Const. Art. VI, § VI, Para. II | Exclusive Appellate Jurisdiction of Supreme Court |
The Supreme Court shall be a court of review and shall exercise exclusive appellate jurisdiction in the following cases: (1) All cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question; and (2) All cases of election contest.
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Supreme Court | Jurisdiction of the courts |
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Georgia | Ga. Const. Art. VI, § VI, Para. III | General appellate jurisdiction of Supreme Court |
Unless otherwise provided by law, the Supreme Court shall have appellate jurisdiction of the following classes of cases:(1) Cases involving title to land; (2) All equity cases; (3) All cases involving wills; (4) All habeas corpus cases; (5) All cases involving extraordinary remedies; (6) All divorce and alimony cases; (7) All cases certified to it by the Court of Appeals; and (8) All cases in which a sentence of death was imposed or could be imposed. Review of all cases shall be as provided by law.
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Supreme Court | Jurisdiction of the courts |
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Georgia | Ga. Const. Art. VI, § VI, Para. IV | Jurisdiction Over Questions of Law From State Appellate or Federal District or Appellate Courts |
The Supreme Court shall have jurisdiction to answer any question of law from any state appellate or federal district or appellate court. |
Supreme Court | Jurisdiction of the courts |
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Georgia | Ga. Const. Art. VI, § I, Para. I | Judicial Power of the State |
The judicial power of the state shall be vested exclusively in the following classes of courts: magistrate courts, probate courts, juvenile courts, state courts, superior courts, state-wide business court, Court of Appeals, and Supreme Court. Nothing in this paragraph shall preclude a superior court from creating a business court division for its circuit in a manner provided by law. Magistrate courts, probate courts, juvenile courts, and state courts shall be courts of limited jurisdiction. In addition, the General Assembly may establish or authorize the establishment of municipal courts and may authorize administrative agencies to exercise quasi-judicial powers. Municipal courts shall have jurisdiction over ordinance violations and such other jurisdiction as provided by law. Except as provided in this paragraph and in Section X, municipal courts, county recorder's courts and civil courts in existence on June 30, 1983, and administrative agencies shall not be subject to the provisions of this article. The General Assembly shall have the authority to confer "by law" jurisdiction upon municipal courts to try state offenses.
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Courts generally | Creation of the courts |
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Maine | Me. Rev. Stat. tit 4 § 7 | General jurisdiction; control of records |
The Supreme Judicial Court may exercise its jurisdiction according to the common law not inconsistent with the Constitution or any statute, and may punish contempts against its authority by fine and imprisonment, or either, and administer oaths. It has general superintendence of all inferior courts for the prevention and correction of errors and abuses where the law does not expressly provide a remedy and has control of all records and documents in the custody of its clerks. Whenever justice or the public good requires, it may order the expunging from the records and papers on file in any case which has gone to judgment of any name or other part thereof unnecessary to the purpose and effect of said judgment. It may issue all writs and processes, not within the exclusive jurisdiction of the Superior Court, necessary for the furtherance of justice or the execution of the laws in the name of the State under the seal of said court, attested by any justice not a party or interested in the suit and signed by the clerk.
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Supreme Judicial Court | Jurisdiction of the courts |
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Maine | Me. Rev. Stat. tit 4 § 114 | Authority of court |
The Superior Court may administer all necessary oaths, render judgment and issue execution, punish for contempt and compel attendance; and the provisions of law relative to the jurisdiction of the Supreme Judicial Court in each of said counties over parties, the arrest of persons, attachment of property, the time and mode of service of precepts, proceedings in court, the taxation of costs, the rendition of judgments, the issuing, service and return of executions and all other subjects apply to the Superior Court in all respects, except so far as they are modified by law, and the Superior Court is clothed with all the powers necessary for the performance of all its duties.
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Superior Court | Jurisdiction of the courts |
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Maine | Me. Rev. Stat. tit 15 § 1(1) | Superior Court; criminal jurisdiction |
The Superior Court has original jurisdiction, exclusive or concurrent, of all crimes. |
Superior Court | Jurisdiction of the courts |
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Maine | Me. Rev. Stat. tit 4 § 165(1),(3) | District court jurisdiction |
1. Crimes; Under One Year Imprisonment. The District Court has jurisdiction and, except as provided in Title 29-A, section 2602, concurrent jurisdiction with the Superior Court of all crimes, including violation of any statute or a bylaw of a town, village corporation or local health officer and breach of the peace, for which the maximum term of imprisonment to which the defendant may be sentenced upon conviction of that crime is less than one year.
3. Crimes; One Year or More Imprisonment. The District Court has, concurrent with the Superior Court, original jurisdiction to receive pleas of guilty in criminal cases, other than murder, in which: A. The maximum term of imprisonment to which the defendant may be sentenced upon conviction of that crime is one year or more; B. The defendant has in writing waived the defendant's right to indictment by grand jury and the defendant's right to a jury trial; and C. The defendant has indicated the defendant's intention to enter a plea of guilty to the charges pending against the defendant. When exercising such jurisdiction, the District Court possesses all of the powers of the Superior Court. The District Court shall exercise that jurisdiction in the manner that the Supreme Judicial Court by rule provides. Any person sentenced under this subsection is entitled to the rights provided by Title 15, chapter 306-A. |
District Court | Jurisdiction of the courts |
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Maine | Me. Rev. Stat. tit 4 § 8 | Power to prescribe general rules |
The Supreme Judicial Court has the power to prescribe, by general rules, for the Probate, District and Superior Courts of Maine, the forms of process, writs, pleadings and motions and the practice and procedure in civil actions at law. Said rules may neither abridge, enlarge nor modify the substantive rights of any litigant. They take effect on such date not less than 6 months after their promulgation as the Supreme Judicial Court may fix. After their promulgation the Supreme Judicial Court may repeal, amend, modify or add to them from time to time with or without a waiting period. After the effective date of said rules as promulgated or amended, all laws in conflict therewith are of no further force or effect.
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Supreme Judicial Court | Jurisdiction of the courts |
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Maine | Me. Rev. Stat. tit 4 § 421 | Establishment |
The Judicial Department may establish alcohol and drug treatment programs in the Superior Courts and District Courts and may adopt administrative orders and court rules to govern the practice, procedure and administration of these programs. Alcohol and drug treatment programs must include local judges and must be community based and operated separately from juvenile drug courts.
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Alcohol and drug treatment court | Creation of the courts |
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Maine | Me. Rev. Stat. tit 4 § 431 | Mental health treatment courts |
The Judicial Department may seek and receive grants to establish mental health treatment courts. |
Mental health treatment courts | Creation of the courts |
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Maine | Me. Rev. Stat. tit 4 § 433(2) | Veterans treatment courts |
Chief Justice may establish. The Chief Justice of the Supreme Judicial Court may establish veterans treatment courts for veterans and members of the United States Armed Forces. The Supreme Judicial Court may adopt administrative orders and court rules of practice and procedure as necessary.
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Veterans treatment courts | Creation of the courts |
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Maine | M.R.S.A. Const. Art. 6, § 1 | Courts |
The judicial power of this State shall be vested in a Supreme Judicial Court, and such other courts as the Legislature shall from time to time establish. |
Courts generally | Jurisdiction of the courts |
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Georgia | Ga. Code Ann. § 15-3-3 | Jurisdiction over Certain Crimes |
Pursuant to Article VI, Section V, Paragraph III of the Constitution of this state, the Court of Appeals shall have jurisdiction of the trial and correction of errors of law in cases involving the crimes of armed robbery, rape, and kidnapping wherein the death penalty has not been imposed.
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Courts of Appeals | Jurisdiction of the courts |
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Georgia | Ga. Code Ann. § 15-2-8 | Powers of Court Generally |
The Supreme Court has authority: (1) To exercise appellate jurisdiction, and in no appellate case to hear facts or examine witnesses; (2) To hear and determine all cases, civil and criminal, that may come before it; to grant judgments of affirmance or reversal, or any other order, direction, or decree required therein; and, if necessary, to make a final disposition of a case in the manner prescribed elsewhere in this Code; (3) To grant any writ necessary to carry out any purpose of its organization or to compel any inferior tribunal or officers thereof to obey its order; (4) To appoint its own officers and to commission any person to execute any specific order it may make; (5) To establish, amend, and alter its own rules of practice and to regulate the admission of attorneys to the practice of law; (6) To punish for contempt by the infliction of a fine as high as $500.00 or imprisonment not exceeding ten days, or both; and (7) To exercise such other powers, not contrary to the Constitution of this state, as given to it by law. This paragraph shall not be interpreted to abrogate the inherent power of the court.
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Supreme Court | Jurisdiction of the courts |
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Georgia | Ga. Code Ann. § 15-3-3.1 | Appellate Jurisdiction of Court of Appeals |
(a) Pursuant to Article VI, Section VI, Paragraph III of the Constitution of this state, the Court of Appeals rather than the Supreme Court shall have appellate jurisdiction in the following classes of cases: (1) Cases involving title to land; (2) All equity cases, except those cases concerning proceedings in which a sentence of death was imposed or could be imposed and those cases concerning the execution of a sentence of death; (3) All cases involving wills; (4) All cases involving extraordinary remedies, except those cases concerning proceedings in which a sentence of death was imposed or could be imposed and those cases concerning the execution of a sentence of death; (5) All divorce and alimony cases; and (6) All other cases not reserved to the Supreme Court or conferred on other courts; (b) This Code section shall not otherwise affect the jurisdiction of the Supreme Court or the Court of Appeals.
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Courts of Appeals | Jurisdiction of the courts |