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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.
25 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, § 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 § 1-2406 | 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 § 1-2208 | 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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Utah | Utah Code Ann. § 78A-3-102 | Supreme Court jurisdiction |
(1) The Supreme Court has original jurisdiction to answer questions of state law certified by a court of the United States. (2) The Supreme Court has original jurisdiction to issue + See moreall extraordinary writs and authority to issue all writs and process necessary to carry into effect its orders, judgments, and decrees or in aid of its jurisdiction. (3) The Supreme Court has appellate jurisdiction, including jurisdiction of interlocutory appeals, over: (a) a judgment of the Court of Appeals; (b) cases certified to the Supreme Court by the Court of Appeals prior to final judgment by the Court of Appeals; (c) discipline of lawyers; (d) final orders of the Judicial Conduct Commission; (e) final orders and decrees in formal adjudicative proceedings originating with: (i) the Public Service Commission; (ii) the State Tax Commission; (iii) the School and Institutional Trust Lands Board of Trustees; (iv) the Board of Oil, Gas, and Mining; (v) the state engineer; or (vi) the executive director of the Department of Natural Resources reviewing actions of the Division of Forestry, Fire, and State Lands; (f) final orders and decrees of the district court review of informal adjudicative proceedings of agencies under Subsection (3)(e); (g) a final judgment or decree of any court of record holding a statute of the United States or this state unconstitutional on its face under the Constitution of the United States or the Utah Constitution; (h) interlocutory appeals from any court of record involving a charge of a first degree or capital felony; (i) appeals from the district court involving a conviction or charge of a first degree felony or capital felony; (j) orders, judgments, and decrees of any court of record over which the Court of Appeals does not have original appellate jurisdiction; and (k) appeals from the district court of orders, judgments, or decrees ruling on legislative subpoenas.
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Supreme Court | Jurisdiction of the courts |
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Utah | Utah Const. art. VIII, § 1 | Judicial Power |
The judicial power of the state shall be vested in a Supreme Court, in a trial court of general jurisdiction known as the district court, and in such other courts + See moreas the Legislature by statute may establish. The Supreme Court, the district court, and such other courts designated by statute shall be courts of record...The Supreme Court shall have original jurisdiction to issue all extraordinary writs and to answer questions of state law certified by a court of the United States.
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Courts generally | Jurisdiction of the courts |
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Utah | Utah Const. art. VIII, § 3 | Jurisdiction of the Supreme Court |
The Supreme Court shall have original jurisdiction to issue all extraordinary writs and to answer questions of state law certified by a court of the United States. The Supreme Court + See moreshall have appellate jurisdiction over all other matters to be exercised as provided by statute, and power to issue all writs and orders necessary for the exercise of the Supreme Court's jurisdiction or the complete determination of any cause.
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Supreme Court | Jurisdiction of the courts |
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Utah | Utah Const. art. VIII, §§ 1,5 | Jurisdiction of District Court |
The district court shall have original jurisdiction in all matters except as limited by this constitution or by statute, and power to issue all extraordinary writs. The district court shall + See morehave appellate jurisdiction as provided by statute. The jurisdiction of all other courts, both original and appellate, shall be provided by statute.
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District Court | Jurisdiction of the courts |
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Utah | Utah Code Ann. § 78-5-104 | Jurisdiction |
(2) Except those offenses over which the juvenile court has exclusive jurisdiction, justice courts have jurisdiction over the following offenses committed within their territorial jurisdiction by a person who is + See more16 or 17 years of age: (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver Licensing Act; and (b) class B and C misdemeanor and infraction violations of: (i) Title 23, Wildlife Resources Code of Utah; (ii) Title 41, Chapter 1a, Motor Vehicle Act; (iii) Title 41, Chapter 6a, Traffic Code; (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act; (v) Title 41, Chapter 22, Off-Highway Vehicles; (vi) Title 73, Chapter 18, State Boating Act; (vii) Title 73, Chapter 18a, Boating--Litter and Pollution Control; (viii) Title 73, Chapter 18b, Water Safety; and (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and Operators Act.
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Justice Court | Jurisdiction of the courts |
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Utah | Utah Code Ann. § 78A-5-102 | Jurisdiction--Appeals |
The district court has original jurisdiction in all matters civil and criminal, not excepted in the Utah Constitution and not prohibited by law. . . the district court has jurisdiction + See moreover matters of lawyer discipline consistent with the rules of the Supreme Court. The district court has jurisdiction over all matters properly filed in the circuit court prior to July 1, 1996. The district court has appellate jurisdiction over judgments and orders of the justice court as outlined in Section 78A-7-118 and small claims appeals filed pursuant to Section 78A-8-106. . . . Notwithstanding Subsection (1), the district court has subject matter jurisdiction in class B misdemeanors, class C misdemeanors, infractions, and violations of ordinances only if: (a) there is no justice court with territorial jurisdiction; (b) the offense occurred within the boundaries of the municipality in which the district courthouse is located and that municipality has not formed, or has not formed and then dissolved, a justice court; or (c) they are included in an indictment or information covering a single criminal episode alleging the commission of a felony or a class A misdemeanor.
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District Court | Jurisdiction of the courts |
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Utah | Utah Code Ann. § 78A-6-103 | Jurisdiction of juvenile court |
(1) Except as otherwise provided by law, the juvenile court has exclusive original jurisdiction in proceedings concerning: (a) a child who has violated any federal, state, or local law or + See moremunicipal ordinance or a person younger than 21 years of age who has violated any law or ordinance before becoming 18 years of age, regardless of where the violation occurred, excluding offenses in Subsection 78A-7-106(2); (b) a person 21 years of age or older who has failed or refused to comply with an order of the juvenile court to pay a fine or restitution, if the order was imposed before the person's 21st birthday; however, the continuing jurisdiction is limited to causing compliance with existing orders; (c) a child who is an abused child, neglected child, or dependent child, as those terms are defined in Section 78A-6-105; (d) a protective order for a child pursuant to the provisions of Title 78B, Chapter 7, Part 2, Child Protective Orders, which the juvenile court may transfer to the district court if the juvenile court has entered an ex parte protective order and finds that: (i) the petitioner and the respondent are the natural parent, adoptive parent, or step parent of the child who is the object of the petition; (ii) the district court has a petition pending or an order related to custody or parent-time entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act, or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and the respondent are parties; and (iii) the best interests of the child will be better served in the district court; (e) appointment of a guardian of the person or other guardian of a minor who comes within the court's jurisdiction under other provisions of this section; (f) the emancipation of a minor in accordance with Part 8, Emancipation; (g) the termination of the legal parent-child relationship in accordance with Part 5, Termination of Parental Rights Act, including termination of residual parental rights and duties; (h) the treatment or commitment of a minor who has an intellectual disability; (i) a minor who is a habitual truant from school.
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Juvenile Court | Jurisdiction of the courts |
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Washington | Wash. Rev. Code Ann. § 2.04.010 | Jurisdiction |
The supreme court shall have original jurisdiction in habeas corpus and quo warrantor and mandamus as to all state officers, and appellate jurisdiction in all actions and proceedings excepting that its appellate jurisdiction shall not extend to civil actions at law for the recovery of money or personal property when the original amount in controversy or the value of the property does not exceed the sum of two hundred dollars, unless the action involves the legality of a tax, impost, assessment, toll, municipal fine, or the validity of a statute. The supreme court shall also have power to issue 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. Each of the judges shall have power to issue writs of habeas corpus to any part of the state, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or herself, or before the supreme court, or before any superior court of the state, or any judge thereof.
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Supreme Court | Jurisdiction of the courts |
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Washington | Wash. Rev. Code Ann. § 2.06.030 | General powers and authority--Transfers of cases--Appellate jurisdiction, exceptions--Appeals |
Subject to the provisions of this section, the court shall have exclusive appellate jurisdiction in all cases except:(a) cases of quo warrantor, prohibition, injunction or mandamus directed to state officials; (b) criminal cases where the death penalty has been decreed; (c) cases where the validity of all or any portion of a statute, ordinance, tax, impost, assessment or toll is drawn into question on the grounds of repugnancy to the Constitution of the United States or of the state of Washington, or to a statute or treaty of the United States, and the superior court has held against its validity; (d) cases involving fundamental and urgent issues of broad public import requiring prompt and ultimate determination; and (e) cases involving substantive issues on which there is a direct conflict among prevailing decisions of panels of the court or between decisions of the supreme court;
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Court of Appeals | Jurisdiction of the courts |
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Washington | Wash. Rev. Code Ann. § 2.08.010 | Original jurisdiction |
The superior court shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll or municipal fine, and in all other cases in which the demand or the value of the property in controversy amounts to three hundred dollars, and in all criminal cases amounting to felony, and in all cases of misdemeanor not otherwise provided for by law; of actions of forcible entry and detainer; of proceedings in insolvency; of actions to prevent or abate a nuisance; of all matters of probate, of divorce and for annulment of marriage, and for such special cases and proceedings as are not otherwise provided for; and shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court, and shall have the power of naturalization and to issue papers therefor. Said courts and their judges shall have power to issue writs of mandamus, quo warrantor, review, certiorari, prohibition and writs of habeas corpus on petition by or on behalf of any person in actual custody in their respective counties. Injunctions and writs of prohibition and of habeas corpus may be issued on legal holidays and nonjudicial days.
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Superior Courts | Jurisdiction of the courts |