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Below are all of the laws that govern the structure of courts that match your search criteria.
97 Results
State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Arizona | Ariz. Const. art. VI, § 5 | Supreme court; jurisdiction; writs; rules; habeas corpus |
The supreme court shall have:1. Original jurisdiction of habeas corpus, and quo warranto, mandamus, injunction and other extraordinary writs to state officers.
2. Original and exclusive jurisdiction to hear and determine + See morecauses between counties concerning disputed boundaries and surveys thereof or concerning claims of one county against another.
3. Appellate jurisdiction in all actions and proceedings except civil and criminal actions originating in courts not of record, unless the action involves the validity of a tax, impost, assessment, toll, statute or municipal ordinance.
4. Power to issue injunctions and writs of mandamus, review, prohibition, habeas corpus, certiorari, and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction.
5. Power to make rules relative to all procedural matters in any court.
6. Such other jurisdiction as may be provided by law.
Each justice of the supreme court may issue writs of habeas corpus to any part of the state upon petition by or on behalf of a person held in actual custody, and may make such writs returnable before himself, the supreme court, appellate court or superior court, or judge thereof.
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Supreme Court | Jurisdiction of the courts |
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Arizona | Ariz. Rev. Stat. Ann. §12-120.21 | Jurisdiction and venue |
A. The court of appeals shall have:1. Appellate jurisdiction in all actions and proceedings originating in or permitted by law to be appealed from the superior court, except criminal actions + See moreinvolving crimes for which a sentence of death has actually been imposed.
2. Jurisdiction to issue writs of certiorari to review the lawfulness of awards of the industrial commission and to enter judgment affirming or setting aside the awards.
3. Jurisdiction to issue injunctions and other writs and orders necessary and proper to the complete exercise of its appellate jurisdiction.
4. Jurisdiction to hear and determine petitions for special actions brought pursuant to the rules of procedure for special actions, without regard to its appellate jurisdiction.
B. A case or appeal of which the court of appeals has jurisdiction in an action or proceeding originating in or permitted by law to be appealed from the superior court in a county shall be brought or filed in the division which contains that county. An application for a writ of certiorari to review the lawfulness of an award of the industrial commission shall be brought in division 1.
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Court of Appeals | Jurisdiction of the courts |
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Arizona | Ariz. Const. art. VI, § 14 | Superior court; original jurisdiction |
The superior court shall have original jurisdiction of:1. Cases and proceedings in which exclusive jurisdiction is not vested by law in another court.
2. Cases of equity and at law which + See moreinvolve the title to or possession of real property, or the legality of any tax, impost, assessment, toll or municipal ordinance.
3. Other cases in which the demand or value of property in controversy amounts to one thousand dollars or more, exclusive of interest and costs.
4. Criminal cases amounting to felony, and cases of misdemeanor not otherwise provided for by law.
5. Actions of forcible entry and detainer.
6. Proceedings in insolvency.
7. Actions to prevent or abate nuisance.
8. Matters of probate.
9. Divorce and for annulment of marriage.
10. Naturalization and the issuance of papers therefor.
11. Special cases and proceedings not otherwise provided for, and such other jurisdiction as may be provided by law.
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Superior Court | Jurisdiction of the courts |
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Arizona | Ariz. Const. art. VI, § 15 | Jurisdiction and authority in juvenile proceedings |
The jurisdiction and authority of the courts of this state in all proceedings and matters affecting juveniles shall be as provided by the legislature or the people by initiative or + See morereferendum.
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Superior Court | Jurisdiction of the courts |
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Arizona | Ariz. Const. art. VI, § 16 | Superior court; appellate jurisdiction | The superior court shall have appellate jurisdiction in cases arising in justice and other courts inferior to the superior court as may be provided by law. | Superior Court | Jurisdiction of the courts |
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Arizona | Ariz. Rev. Stat. Ann. § 22-201 | Jurisdiction of civil actions |
A. Justices of the peace have jurisdiction only as affirmatively conferred on them by law.B. Justices of the peace have exclusive original jurisdiction of all civil actions when the amount + See moreinvolved, exclusive of interest, costs and awarded attorney fees when authorized by law, is ten thousand dollars or less.
C. Justices of the peace have jurisdiction concurrent with the superior court in cases of forcible entry and detainer when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized by law, is ten thousand dollars or less.
D. Justices of the peace have jurisdiction to try the right to possession of real property when title or ownership is not a subject of inquiry in the action. If in any such action the title or ownership of real property becomes an issue, the justice shall so certify in the court record, at once stop further proceedings in the action and forward all papers, together with a certified copy of the court record in the action, to the superior court, where the action shall be docketed and determined as though originally brought in the superior court.
E. In a county with a population of more than two million persons, the justice of the peace of each justice precinct shall have original jurisdiction to hear the following actions that occur in the respective precinct in which the justice of the peace is elected:
1. Civil actions pursuant to subsections B and C of this section.
2. Small claims pursuant to chapter 5 of this title.1
3. Civil traffic offenses unless a civil traffic offense is filed in a municipal court by a municipal officer or agent or by an officer employed by a law enforcement agency under contract to that municipality to provide law enforcement services.
4. Special detainers and forcible detainers pursuant to title 33, chapters 11 and 192 and forcible detainers pursuant to title 33, chapter 33 if the amount of rent requested is ten thousand dollars or less.
F. In actions between landlord and tenant for possession of leased premises, the title to the property leased shall not be raised nor made an issue.
G. If in any action before a justice of the peace a party files a verified pleading that states as a counterclaim a claim in which the amount involved, exclusive of interest and costs, is more than ten thousand dollars, the justice of the peace shall certify this in the court record, at once stop further proceedings in the action and forward all papers, together with a certified copy of the court record in the action, to the superior court, where the action shall be docketed and determined as though originally brought in the superior court. The party shall pay to the clerk of the superior court the same fees required to be paid by a defendant, and no other party in the action before the justice of the peace shall be required to pay any sum. If the party is finally adjudged to be entitled to recover on the counterclaim, exclusive of interest and costs, ten thousand dollars or less, the superior court may deny costs to the party and, in addition, may impose costs, including reasonable attorney fees, on the party. The superior court shall have original jurisdiction of the action, but at any time in furtherance of convenience or to avoid prejudice, or if it appears that the amount involved in the counterclaim, exclusive of interest and costs, is ten thousand dollars or less, it may remand the action, or any claim or counterclaim of which the justice court has jurisdiction, to the justice court and may order costs.
H. The justice of the peace may require arbitration or other dispute resolution methods that are approved by the supreme court in all civil actions except eviction actions.
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Justice Courts | Jurisdiction of the courts |
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Arizona | Ariz. Rev. Stat. Ann. § 22-301 | Jurisdiction of criminal actions |
A. The justice courts shall have jurisdiction of the following offenses committed within their respective precincts: 1. Misdemeanors and criminal offenses punishable by a fine not exceeding two thousand five + See morehundred dollars, or imprisonment in the county jail for not to exceed six months, or by both a fine and imprisonment. Any penalty or other added assessments levied shall not be considered as part of the fine for purposes of determining jurisdiction. The amount of restitution, time payment fees or incarceration costs shall not be considered as part of the fine for purposes of determining jurisdiction. 2. Felonies, but only for the purpose of commencing action and conducting proceedings through preliminary examinations and holding the defendant to answer to the superior court or to discharge the defendant if it appears that there is not probable cause to believe the defendant is guilty of an offense.
B. In a county with a population of more than two million persons, the justice of the peace of each justice precinct shall have original jurisdiction to hear misdemeanor offenses as set forth in subsection A, paragraph 1 of this section that occur within the respective precinct in which the justice of the peace is elected unless either of the following applies:
1. The offense is filed by a municipal officer or agent in a municipal court.
2. The offense is consolidated with a felony offense in the complaint, information or indictment.
C. For the purposes of subsection A or B of this section, an offense is committed within the precinct of a justice court if conduct constituting any element of the offense or a result of such conduct occurs either:
1. Within the precinct.
2. Within a county park that includes a body of water located in two counties if one county has a population of more than three million persons and one county has a population of more than two hundred thousand persons but less than three hundred thousand persons and the precinct includes some part of the county park.
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Justice Courts | Jurisdiction of the courts |
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Arizona | Ariz. Const. art. VI, § 1 | Judicial power; courts |
The judicial power shall be vested in an integrated judicial department consisting of a supreme court, such intermediate appellate courts as may be provided by law, a superior court, such + See morecourts inferior to the superior court as may be provided by law, and justice courts.
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All Courts | Creation of the courts |
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Arizona | Ariz. Rev. Stat. Ann. §12-120 | Creation of court of appeals; court of record; composition; sessions |
A. There is created a court of appeals which shall constitute a single court and such court shall be a court of record.B. The court of appeals shall be divided + See moreinto two divisions which shall be designated as division 1 and division 2. Division 1 shall have sixteen judges, consisting of the chief judge and five departments of three judges each, denominated, respectively, department A, department B, department C, department D and department E. Division 2 shall have six judges, consisting of two departments of three judges each, denominated, respectively, department A and department B.
C. Division 1 shall consist of the counties of Maricopa, Yuma, La Paz, Mohave, Coconino, Yavapai, Navajo and Apache.
D. Division 2 shall consist of the counties of Pima, Pinal, Cochise, Santa Cruz, Greenlee, Graham and Gila.
E. The sessions of divisions 1 and 2 shall be held in Phoenix and Tucson, respectively. Sessions may be held at places other than Phoenix or Tucson when in the opinion of a majority of the judges of a division or department the public interest so requires. The judges of the respective divisions and departments may hold sessions in either division and shall do so when directed by the chief justice of the supreme court. Each judge of the court of appeals may participate in matters pending before a different division or department.
F. No more than three judges of the court of appeals, including superior court judges and retired judges sitting with the court, shall hear and determine a matter and render a decision, and a majority of two of the three judges shall be sufficient to render a decision.
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Court of Appeals | Creation of the courts |
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Arizona | Ariz. Rev. Stat. Ann. § 22-402 | Establishment and jurisdiction |
A. In each city or town incorporated under the general laws of this state, there shall be a municipal court. |
Municipal Courts | Creation of the courts |
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Arizona | Ariz. Rev. Stat. Ann. § 22-402 | Establishment and jurisdiction |
A. In each city or town incorporated under the general laws of this state, there shall be a municipal court.B. Every court established pursuant to subsection A, and every court established in a city incorporated under the provisions of title 9, chapter 2, article 51 or incorporated under the provisions of a special act or charter, has jurisdiction of all cases arising under the ordinances of the city or town, and has jurisdiction concurrently with justices of the peace of precincts in which the city or town is located, of violations of laws of the state committed within the limits of the city or town. C. Notwithstanding subsections A and B and in lieu of establishing or maintaining a municipal court, a city or town may enter into an intergovernmental agreement as authorized by title 11, chapter 7, article 32 to provide the services of a municipal court, including the jurisdiction of all cases arising under the ordinances of the city or town, with either: 1. A justice of the peace in whose jurisdiction the city or town is located and the county in which the city or town is located. 2. Another city or town located within the same county as the city or town.
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Municipal Courts | Jurisdiction of the courts |
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California | Cal. Con. art. VI, § 2 | Supreme Court; justices; time for convening; concurrence required for judgment; acting Chief Justice |
The Supreme Court consists of the Chief Justice ofCalifornia and 6 associate justices. The Chief Justice may convene
the court at any time. Concurrence of 4 judges present at + See morethe
argument is necessary for a judgment.
An acting Chief Justice shall perform all functions of the Chief
Justice when the Chief Justice is absent or unable to act. The Chief
Justice or, if the Chief Justice fails to do so, the court shall
select an associate justice as acting Chief Justice.
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Supreme Court | Creation of the courts |
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California | Cal. Con. art. VI, § 3 | Courts of appeal; districts; divisions; power; concurrence required for judgment; acting presiding justice |
The Legislature shall divide the State into districts eachcontaining a court of appeal with one or more divisions. Each
division consists of a presiding justice and 2 or more associate
justices. + See more It has the power of a court of appeal and shall conduct
itself as a 3-judge court. Concurrence of 2 judges present at the
argument is necessary for a judgment.
An acting presiding justice shall perform all functions of the
presiding justice when the presiding justice is absent or unable to
act. The presiding justice or, if the presiding justice fails to do
so, the Chief Justice shall select an associate justice of that
division as acting presiding justice.
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Court of Appeals | Creation of the courts |
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California | Cal. Con. Art. VI, Sec. 4 | Superior courts; officers and employees; appellate divisions |
In each county there is a superior court of one or morejudges. The Legislature shall prescribe the number of judges and
provide for the officers and employees of each superior + See morecourt. If
the governing body of each affected county concurs, the Legislature
may provide that one or more judges serve more than one superior
court.
In each superior court there is an appellate division. The Chief
Justice shall assign judges to the appellate division for specified
terms pursuant to rules, not inconsistent with statute, adopted by
the Judicial Council to promote the independence of the appellate
division.
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Superior Court | Creation of the courts |
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California | Cal. Con. art. VI, § 12 | Supreme Court; review | The Supreme Court may review the decision of a court of appeal in any cause. | Supreme Court | Jurisdiction of the courts |
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California | Cal. Const. art. VI, § 1 | Judicial power | The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record. | Judicial power generally | 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 |