Below are all of the laws that govern the structure of courts that match your search criteria.

87 Results

Export results to Excel

State Statute Description/Statute Name Statutory language Court/legal body Function
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

North Carolina N.C. Con. Art. IV, § 2 General Court of Justice

The General Court of Justice shall constitute a unified judicial system for purposes of jurisdiction, operation, and administration, and shall consist of an Appellate Division, a Superior Court Division, and

+ See more
a District Court Division.

Creation of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

North Carolina N.C. Con. Art. IV, § 1 Judicial power

The judicial power of the State shall, except as provided in Section 3 of this Article, be vested in a Court for the Trial of Impeachments and in a General

+ See more
Court of Justice. The General Assembly shall have no power to deprive the judicial department of any power or jurisdiction that rightfully pertains to it as a co-ordinate department of the government, nor shall it establish or authorize any courts other than as permitted by this Article.

Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

North Carolina N.C. Con. Art. IV, § 3 Judicial powers of administrative agencies

The General Assembly may vest in administrative agencies established pursuant to law such judicial powers as may be reasonably necessary as an incident to the accomplishment of the purposes for

+ See more
which the agencies were created. Appeals from administrative agencies shall be to the General Court of Justice.

Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

North Carolina N.C. Gen. Stat. Ann. § 7A-793 Establishment of Program

The North Carolina Drug Treatment Court Program is established in the Administrative Office of the Courts to facilitate the creation and funding of local drug treatment court programs. The Director

+ See more
of the Administrative Office of the Courts shall provide any necessary staff for planning, organizing, and administering the program. Local drug treatment court programs funded pursuant to this Article shall be operated consistently with the guidelines adopted pursuant to G.S. 7A-795. Local drug treatment court programs established and funded pursuant to this Article may consist of adult drug treatment court programs, juvenile drug treatment court programs, family drug treatment court programs, or any combination of these programs.

Creation of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

North Carolina N.C. Gen. Stat. Ann § 7A-271 Jurisdiction of superior court

(a)  The superior court has exclusive, original jurisdiction over all criminal actions not assigned to the district court division by this Article, except that the superior court has jurisdiction to try

+ See more
a misdemeanor: (1)  Which is a lesser included offense of a felony on which an indictment has been returned, or a felony information as to which an indictment has been properly waived; or (2)  When the charge is initiated by presentment; or (3)  Which may be properly consolidated for trial with a felony under G.S. 15A-926; (4)  To which a plea of guilty or nolo contendere is tendered in lieu of a felony charge; or (5)  When a misdemeanor conviction is appealed to the superior court for trial de novo, to accept a guilty plea to a lesser included or related charge.

(b)  Appeals by the State or the defendant from the district court are to the superior court. The jurisdiction of the superior court over misdemeanors appealed from the district court to the superior court for trial de novo is the same as the district court had in the first instance, and when that conviction resulted from a plea arrangement between the defendant and the State pursuant to which misdemeanor charges were dismissed, reduced, or modified, to try those charges in the form and to the extent that they subsisted in the district court immediately prior to entry of the defendant and the State of the plea arrangement.

(c)  When a district court is established in a district, any superior court judge presiding over a criminal session of court shall order transferred to the district court any pending misdemeanor which does not fall within the provisions of subsection (a), and which is not pending in the superior court on appeal from a lower court.

(d)  The criminal jurisdiction of the superior court includes the jurisdiction to dispose of infractions only in the following circumstances: (1)  If the infraction is a lesser-included violation of a criminal action properly before the court, the court must submit the infraction for the jury's consideration in factually appropriate cases.

(2)  If the infraction is a lesser-included violation of a criminal action properly before the court, or if it is a related charge, the court may accept admissions of responsibility for the infraction. A proper pleading for the criminal action is sufficient to support a finding of responsibility for the lesser-included infraction.

(e)  The superior court has exclusive jurisdiction over all hearings held pursuant to G.S. 15A-1345(e) where the district court had accepted a defendant's plea of guilty or no contest to a felony under the provisions of G.S. 7A-272(c), except that the district court shall have jurisdiction to hear these matters with the consent of the State and the defendant.

(f)  The superior court has exclusive jurisdiction over all hearings to revoke probation pursuant to G.S. 15A-1345(e) where the district court is supervising a drug treatment court or therapeutic court probation judgment under G.S. 7A-272(e), except that the district court has jurisdiction to conduct the revocation proceedings when the chief district court judge and the senior resident superior court judge agree that it is in the interest of justice that the proceedings be conducted by the district court. If the district court exercises jurisdiction under this subsection to revoke probation, appeal of an order revoking probation is to the appellate division.

Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

North Carolina N.C. Gen. Stat. Ann § 7A-273 Powers of magistrates in infractions or criminal actions

In criminal actions or infractions, any magistrate has power:

(1) In infraction cases in which the maximum penalty that can be imposed is not more than fifty dollars ($50.00), exclusive of

+ See more
costs, or in Class 3 misdemeanors, other than the types of infractions and misdemeanors specified in subdivision (2) of this section, to accept guilty pleas or admissions of responsibility and enter judgment;

(2) In misdemeanor or infraction cases involving alcohol offenses under Chapter 18B of the General Statutes, traffic offenses, hunting, fishing, State park and recreation area rule offenses under Chapters 113 and 143B of the General Statutes, boating offenses under Chapter 75A of the General Statutes, open burning offenses under Article 78 of Chapter 106 of the General Statutes, and littering offenses under G.S. 14-399(c) and G.S. 14-399(c1), to accept written appearances, waivers of trial or hearing and pleas of guilty or admissions of responsibility, in accordance with the schedule of offenses and fines or penalties promulgated by the Conference of Chief District Judges pursuant to G.S. 7A-148, and in such cases, to enter judgment and collect the fines or penalties and costs;

(2a) In misdemeanor cases involving the violation of a county ordinance authorized by law regulating the use of dune or beach buggies or other power-driven vehicles specified by the governing body of the county on the foreshore, beach strand, or the barrier dune system, to accept written appearances, waivers of trial or hearing, and pleas of guilty or admissions of responsibility, in accordance with the schedule of offenses and fines or penalties promulgated by the Conference of Chief District Court Judges pursuant to G.S. 7A-148, and in such cases, to enter judgment and collect the fines or penalties and costs;

(3) To issue arrest warrants valid throughout the State;

(4) To issue search warrants valid throughout the county;

(5) To grant bail before trial for any noncapital offense;

(6) Notwithstanding the provisions of subdivision (1) of this section, to hear and enter judgment as the chief district judge shall direct in all worthless check cases brought under G.S. 14-107, when the amount of the check is two thousand dollars ($2,000) or less. Provided, however, that under this section magistrates may not impose a prison sentence longer than 30 days;

(7) To conduct an initial appearance as provided in G.S. 15A-511; and

(8) To accept written appearances, waivers of trial and pleas of guilty in violations of G.S. 14-107 when the amount of the check is two thousand dollars ($2,000) or less, restitution, including service charges and processing fees allowed by G.S. 14-107, is made, and the warrant does not charge a fourth or subsequent violation of this statute, and in these cases to enter judgments as the chief district judge directs.

Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

North Carolina N.C. Gen. Stat. Ann. § 7A-25 Original jurisdiction of the Supreme Court

The Supreme Court has original jurisdiction to hear claims against the State, but its decisions shall be merely recommendatory; no process in the nature of execution shall issue thereon; the

+ See more
decisions shall be reported to the next session of the General Assembly for its action. The court shall by rule prescribe the procedures to be followed in the proper exercise of the jurisdiction conferred by this section.

Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

North Carolina N.C. Gen. Stat. Ann. § 7A-272(a)-(e) Jurisdiction of district court; concurrent jurisdiction in guilty or no contest pleas for certain felony offenses; appellate and appropriate relief procedures applicable

(a)  Except as provided in this Article, the district court has exclusive, original jurisdiction for the trial of criminal actions, including municipal ordinance violations, below the grade of felony, and the

+ See more
same are hereby declared to be petty misdemeanors.

(b)  The district court has jurisdiction to conduct preliminary examinations and to bind the accused over for trial upon waiver of preliminary examination or upon a finding of probable cause, making appropriate orders as to bail or commitment.

(c)  With the consent of the presiding district court judge, the prosecutor, and the defendant, the district court has jurisdiction to accept a defendant's plea of guilty or no contest to a Class H or I felony if: (1)  The defendant is charged with a felony in an information filed pursuant to G.S. 15A-644.1, the felony is pending in district court, and the defendant has not been indicted for the offense; or (2)  The defendant has been indicted for a criminal offense but the defendant's case is transferred from superior court to district court pursuant to G.S. 15A-1029.1.

(d)  Provisions in Chapter 15A of the General Statutes apply to a plea authorized under subsection (c) of this section as if the plea had been entered in superior court, so that a district court judge is authorized to act in these matters in the same manner as a superior court judge would be authorized to act if the plea had been entered in superior court, and appeals that are authorized in these matters are to the appellate division.

(e)  With the consent of the chief district court judge and the senior resident superior court judge, the district court has jurisdiction to preside over the supervision of a probation judgment entered in superior court in which the defendant is required to participate in a drug treatment court program pursuant to G.S. 15A-1343(b1)(2b) or a therapeutic court as defined in subsection (f) of this section, or is participating in the drug treatment court pursuant to a deferred prosecution agreement under G.S. 15A-1341(a2) or the terms of a conditional discharge under G.S. 15A-1341(a5). The district court may modify or extend the probation judgment, but jurisdiction to revoke probation supervised under this subsection is as provided in G.S. 7A-271(f).

Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

North Carolina N.C. Gen. Stat. Ann. § 7A-290 Appeals from district court in criminal cases; notice; appeal bond

Any defendant convicted in district court before the magistrate may appeal to the district court for trial de novo before the district court judge. Any defendant convicted in district court

+ See more
before the judge may appeal to the superior court for trial de novo. Notice of appeal may be given orally in open court, or to the clerk in writing within 10 days of entry of judgment. Upon expiration of the 10-day period in which an appeal may be entered, if an appeal has been entered and not withdrawn, the clerk shall transfer the case to the district or superior court docket. The original bail shall stand pending appeal, unless the judge orders bail denied, increased, or reduced.

Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Tennessee TN Const. Art. 6, § 1 Enumeration of Courts
"The judicial power of this State shall be vested in one Supreme Court and in such Circuit, Chancery and other inferior Courts as the Legislature shall from time to time,
+ See more
ordain and establish; in the Judges thereof, and in Justices of the Peace. The Legislature may also vest such jurisdiction in Corporation Courts as may be deemed necessary. Courts to be holden by Justices of the Peace may also be established."
Creation of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Tennessee Tenn. Code Ann. § 16-1-101 Vesting
"The judicial power of the state is vested in judges of the courts of general sessions, recorders of certain towns and cities, circuit courts, criminal courts, common law and chancery
+ See more
courts, chancery courts, courts of appeals, and the supreme court, and other courts created by law."
Creation of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Tennessee Tenn. Code Ann. § 16-1-102 Powers
"Every court has the power to:(1) Enforce order in its immediate presence, or as near thereto as is necessary to prevent interruption, disturbance, or hindrance to its proceedings; (2) Enforce order
+ See more
before a person or body acting under its authority; (3) Compel obedience to its judgments, orders, and process, and to the order of a judge out of court, in an action or proceeding in court; (4) Control, in furtherance of justice, the conduct of its officers, and all other persons connected with a judicial proceeding before it, in every matter pertaining to the proceeding; (5) Administer oaths whenever it may be necessary in the exercise of its powers and duties; and (6) Control its process and orders."
Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Tennessee Tenn. Code Ann. § 16-3-201 Jurisdiction
"(a) The jurisdiction of the court is appellate only, under restrictions and regulations that from time to time are prescribed by law; but it may possess other jurisdiction that is
+ See more
now conferred by law upon the present supreme court.(b) The court has no original jurisdiction, but appeals and writs of error, or other proceedings for the correction of errors, lie from the inferior courts and court of appeals, within each division, to the supreme court as provided by this code. (c) The court also has jurisdiction over all interlocutory appeals arising out of matters over which the court has exclusive jurisdiction. (d)(1) The supreme court may, upon the motion of any party, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed before any intermediate state appellate court. (2) Subdivision (d)(1) applies only to cases of unusual public importance in which there is a special need for expedited decision and that involve: (A) State taxes; (B) The right to hold or retain public office; or (C) Issues of constitutional law. (3) The supreme court may, upon its own motion, when there is a compelling public interest, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed with an intermediate state appellate court. (4) The supreme court may by order take actions necessary or appropriate to the exercise of the authority vested by this section. (e) Appeals of actions under title 2, chapter 17 relative to election contests shall be to the court of appeals in accordance with the Tennessee rules of appellate procedure."
Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Tennessee Tenn. Code Ann. § 16-4-108 Jurisdiction
"(a)(1) The jurisdiction of the court of appeals is appellate only, and extends to all civil cases except workers' compensation cases and appeals pursuant to § 37-10-304(g).(2) All cases within
+ See more
the jurisdiction conferred on the court of appeals shall, for purposes of review, be taken directly to the court of appeals in the division within which the case arose, the eastern division to include Hamilton County and the western division to include Shelby County. As to all other cases, the exclusive right of removal and review is in the supreme court. Any case removed by mistake to the wrong court shall by that court be transferred to the court having jurisdiction of the case, direct. (b) The court of appeals also has appellate jurisdiction over civil or criminal contempt arising out of a civil matter."
Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Tennessee Tenn. Code Ann. § 16-5-108 Jurisdiction
"(a) The jurisdiction of the court of criminal appeals shall be appellate only, and shall extend to review of the final judgments of trial courts in:(1) Criminal cases, both felony
+ See more
and misdemeanor; (2) Habeas corpus and Post-Conviction Procedure Act proceedings attacking the validity of a final judgment of conviction or the sentence in a criminal case, and other cases or proceedings instituted with reference to or arising out of a criminal case; (3) Civil or criminal contempt arising out of a criminal matter; and (4) Extradition cases. (b) The court or any judge of the court shall also have jurisdiction to grant petitions for certiorari and supersedeas in proper cases within its jurisdiction as provided by law."
Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Tennessee Tenn. Code Ann. § 16-10-101; Tenn. Code Ann. § 16-10-102; Tenn. Code Ann. § 16-10-112 General Jurisdiction
"The circuit court is a court of general jurisdiction, and the judge of the circuit court shall administer right and justice according to law, in all cases where the jurisdiction
+ See more
is not conferred upon another tribunal." “The circuit court has exclusive original jurisdiction of all crimes and misdemeanors, either at common law or by statute, unless otherwise expressly provided by statute or this code.” “The circuit court has an appellate jurisdiction of all suits and actions, of whatsoever nature, unless otherwise provided, instituted before any inferior jurisdiction, whether brought by appeal, certiorari, or in any other manner prescribed by law.”
Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Tennessee Tenn. Code Ann. § 16-11-102 Concurrent Jurisdiction
"(a) The chancery court has concurrent jurisdiction, with the circuit court, of all civil causes of action, triable in the circuit court, except for unliquidated damages for injuries to person
+ See more
or character, and except for unliquidated damages for injuries to property not resulting from a breach of oral or written contract; and no demurrer for want of jurisdiction of the cause of action shall be sustained in the chancery court, except in the cases excepted.(b) Any suit in the nature of the cases excepted in subsection (a) brought in the chancery court, where objection has not been taken by a plea to the jurisdiction, may be transferred to the circuit court of the county, or heard and determined by the chancery court upon the principles of a court of law."
Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Tennessee Tenn. Code Ann. § 16-15-101 Creation
"(a) There is created and established a court in and for each county of the state, except in counties having a population of not less than nine thousand one hundred
+ See more
seventy-five (9,175) nor more than nine thousand two hundred (9,200), according to the last federal census or any subsequent federal census, which shall be designated as the court of general sessions.(b) It is the intent of this section to create a general sessions court in every county not expressly excepted in this section. In any county where a general sessions court has been created pursuant to the general provisions of this chapter, it is intended that the county shall always have a general sessions court unless abolished by another general statute. In counties in which there is no court of general sessions as provided in this section, references in this code to the court of general sessions are deemed to include the court having the jurisdiction of the court of general sessions in such counties."
Creation of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Tennessee Tenn. Code Ann. § 16-15-401 Powers
"(a) Each general sessions court judge is vested with power to:(1) Grant writs of attachment, returnable to the circuit court, in the same manner and to the same extent as
+ See more
the circuit judge; (2) Enter up judgment by confession of a defendant to any amount within the judge's jurisdiction in the particular case; (3) Issue an execution in the judge's county upon a certified execution from another county; (4) Issue a subpoena for witnesses, in any matter to be tried before the judge, to the judge's own or an adjoining county; (5) Issue scire facias to revive judgments against the personal representatives and heirs of deceased parties, to any county in the state; (6) Issue alias and pluries executions whenever necessary; (7) Issue counterpart writs to any county in the state for the principal maker of any bill, bond, or note, at the instance of the surety or endorser who is sued thereon; and (8) Punish persons disturbing them in the discharge of their official duties. (b) Judges of general sessions courts have the same authority as circuit court judges or chancellors to grant fiats for writs of injunction, attachments and other extraordinary process. They also have the same jurisdiction relative to the suspension and revocation of sentences imposed by them as that conferred upon all trial judges by title 40, chapter 29. (c) The judges of courts of general sessions of counties of the third class, as defined in § 16-15-204, having a population of not less than forty-seven thousand eight hundred fifty (47,850) nor more than forty-seven thousand eight hundred seventy-five (47,875), according to the 1970 federal census or any subsequent federal census, in addition to the jurisdiction and powers conferred elsewhere in this chapter, have the authority to sit by interchange for the county judge in nonsupport, probate, juvenile and lunacy proceedings."
Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Tennessee Tenn. Code Ann. § 16-18-101 Authorization
"In any municipality in this state having a mayor's court or a municipal court presided over by the mayor of the municipality or the city recorder of the municipality and
+ See more
having no other provision for a municipal judge for the municipality, the governing body of the municipality is authorized by ordinance to provide for the office of municipal judge."
Creation of the courts