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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.
155 Results
| State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Connecticut | Conn. Gen. Stat. § 45a-98 | Probate Court Jurisdiction |
(a) Probate Courts in their respective districts shall have the power to (1) grant administration of intestate estates of persons who have died domiciled in their districts and of intestate estates of persons not domiciled in this state which may be granted as provided by section 45a-303; (2) admit wills to probate of persons who have died domiciled in their districts or of nondomiciliaries whose wills may be proved in their districts as provided in section 45a-287; (3) except as provided in section 45a-98a or as limited by an applicable statute of limitations, determine title or rights of possession and use in and to any real, tangible or intangible property that constitutes, or may constitute, all or part of any trust, any decedent’s estate, or any estate under control of a guardian or conservator, which trust or estate is otherwise subject to the jurisdiction of the Probate Court, including the rights and obligations of any beneficiary of the trust or estate and including the rights and obligations of any joint tenant with respect to survivorship property; (4) except as provided in section 45a-98a, construe the meaning and effect of (A) any will or trust agreement if a construction is required in connection with the administration or distribution of a trust or estate otherwise subject to the jurisdiction of the Probate Court; (B) an inter vivos trust upon a petition that meets the requirements for a petition for an accounting pursuant to subsection (b) or (c) of section 45a-175, provided such an accounting need not be required; or (C) a power of attorney pursuant to section 1-350o; (5) except as provided in section 45a-98a, apply the doctrine of cy pres or approximation; (6) to the extent provided for in section 45a-175, call executors, administrators, trustees, guardians, conservators, and agents acting under powers of attorney created in accordance with sections 1-350 to 1-353b, inclusive, to account concerning the estates entrusted to their charge or for other relief as provided in sections 1-250 to 1-353b, inclusive; and (7) make any lawful orders or decrees to carry into effect the power and jurisdiction conferred upon them by the laws of this state.
(b) The jurisdiction of courts of probate to determine title or rights or to construe instruments or to apply the doctrine of cy pres or approximation pursuant to subsection (a) of this section is concurrent with the jurisdiction of the Superior Court and does not affect the power of the Superior Court as a court of general jurisdiction. |
Probate Court | Jurisdiction 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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Minnesota | Minn. Const. Art. 6, § 2 | Judiciary; Supreme Court |
The supreme court consists of one chief judge and not less than six nor more than eight associate judges as the legislature may establish. It shall have original jurisdiction in such remedial cases as are prescribed by law, and appellate jurisdiction in all cases, but there shall be no trial by jury in the supreme court. The legislature may establish a court of appeals and provide by law for the number of its judges, who shall not be judges of any other court, and its organization and for the review of its decisions by the supreme court. The court of appeals shall have appellate jurisdiction over all courts, except the supreme court, and other appellate jurisdiction as prescribed by law. As provided by law judges of the court of appeals or of the district court may be assigned temporarily to act as judges of the supreme court upon its request and judges of the district court may be assigned temporarily by the supreme court to act as judges of the court of appeals. The supreme court shall appoint to serve at its pleasure a clerk, a reporter, a state law librarian and other necessary employees.
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Supreme Court | Creation of the courts, Jurisdiction of the courts |
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Minnesota | Minn. Const. Art. 6, § 3 | Judiciary; Jursidiction of district court |
The district court has original jurisdiction in all civil and criminal cases and shall have appellate jurisdiction as prescribed by law. |
District Court | Jurisdiction of the courts |
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Minnesota | Minn. Const. Art. 6, § 1 | Judiciary; Judicial power |
The judicial power of the state is vested in a supreme court, a court of appeals, if established by the legislature, a district court and such other courts, judicial officers and commissioners with jurisdiction inferior to the district court as the legislature may establish.
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Judiciary | Creation of the courts |
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Minnesota | M.S.A. Const. Art. 6, § 2 | Judiciary; Supreme Court |
The supreme court consists of one chief judge and not less than six nor more than eight associate judges as the legislature may establish. It shall have original jurisdiction in such remedial cases as are prescribed by law, and appellate jurisdiction in all cases, but there shall be no trial by jury in the supreme court. The legislature may establish a court of appeals and provide by law for the number of its judges, who shall not be judges of any other court, and its organization and for the review of its decisions by the supreme court. The court of appeals shall have appellate jurisdiction over all courts, except the supreme court, and other appellate jurisdiction as prescribed by law.As provided by law judges of the court of appeals or of the district court may be assigned temporarily to act as judges of the supreme court upon its request and judges of the district court may be assigned temporarily by the supreme court to act as judges of the court of appeals. The supreme court shall appoint to serve at its pleasure a clerk, a reporter, a state law librarian and other necessary employees.
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Courts of Appeals | Jurisdiction of the courts |
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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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Minnesota | Minn. Stat. Ann. § 260B.225(4) | Juvenile traffic offender; Procedures; Dispositions; Original jursidiction; juvenile court |
Original jurisdiction; juvenile court. The juvenile court has original jurisdiction over: (1) all juveniles age 15 and under alleged to have committed any traffic offense; and (2) 16- and 17-year-olds alleged to have committed any major traffic offense, except that the adult court has original jurisdiction over: (i) petty traffic misdemeanors not a part of the same behavioral incident of a misdemeanor being handled in juvenile court; and (ii) violations of section 169A.20 (driving while impaired), and any other misdemeanor or gross misdemeanor level traffic violations committed as part of the same behavioral incident as a violation of section 169A.20.
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Juvenile Court | Jurisdiction 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 |