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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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New Hampshire | N.H. Rev. Stat. Ann. § 490-G:2 | Implementation of Drug Courts |
I. (a) Each superior or circuit court may establish one or more drug courts under which drug offenders may be processed to address appropriately an identified substance abuse problem. “Drug court” means a judicial intervention process that incorporates and substantially complies with the Ten Key Components listed in subparagraph (b) and may include:(1) “Pre-adjudication” where a drug offender is ordered to participate in drug court before charges are filed or before conviction;(2) “Post-adjudication” where a drug offender is ordered to participate in drug court after entering a plea of guilty or nolo contendre or having been found guilty;(3) “Reentry” where a drug offender is ordered to participate in drug court upon release from a sentence of incarceration; or(4) “Combination program” which may include pre-adjudication, post-adjudication, and/or reentry.
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Drug court | Creation of the courts |
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New Hampshire | N.H. Rev. Stat. Ann. § 490-H:2 | Implementation of Mental Health Courts |
Any superior or circuit court may establish one or more mental health courts under which the courts monitor offenders with mental illnesses for compliance with individual services to change behavior which would otherwise result in criminal conduct.
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Mental health court | Creation of the courts |
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New Hampshire | N.H. Rev. Stat. Ann. § 592-B:9 | Drug Courts or Alternative Drug Offender Programs |
I. (a) In any county that has implemented or which will implement the felonies first project established in this chapter within one year of commencing operation of a drug court or alternative drug offender program, the judicial branch shall fund and operate an approved drug court or alternative drug offender program separate from the statewide drug offender grant program established in RSA 490-G, and at no cost to the county.
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Drug Court | Creation of the courts |
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New Hampshire | N.H. Rev. Stat. § 491:7 | Jurisdiction |
The superior court shall take cognizance of civil actions and pleas, real, personal, and mixed, according to the course of the common law, except such actions as are required to be brought in the family division under RSA 490-D, district courts under RSA 502-A, or the probate courts under RSA 547; of writs of mandamus and quo warranto and of proceedings in relation thereto; of petition and appeals relating to highways and property taken therefor and for other public use; of actions commenced in the probate or district courts where a right to jury trial is guaranteed by the constitution; of actions commenced in a district court which are transferable by statute to the superior court; of suits in equity under RSA 498:1; of petitions for new trials; of petitions for the redemption and foreclosure of mortgages; of all other proceedings and matters to be entered in, or heard at, said court by special provisions of law; and of all other proceedings and matters cognizable therein for which other special provision is not made.
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Superior Court | Jurisdiction of the courts |
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New Hampshire | N.H. Const. Pt. 2, art. 72a | Supreme and Superior Courts |
The judicial power of the state shall be vested in the supreme court, a trial court of general jurisdiction known as the superior court, and such lower courts as the legislature may establish under Article 4th of Part 2.
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Supreme Court | Creation of the courts |
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New Hampshire | N.H. Rev. Stat. Ann. § 490-F:2 | Circuit Court; General |
The circuit court shall be a court of record with statewide jurisdiction. Each circuit court location shall have the authority to hear all cases within the subject matter jurisdiction of the circuit court. Subject to part 1, article 17 of the New Hampshire constitution, nothing in this chapter shall prohibit the reassignment of cases within the circuit court as justice or efficiency requires in the discretion of the administrative judge of the circuit court.
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Circuit Court | Jurisdiction of the courts |
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New Hampshire | N.H. Rev. Stat. § 502-A:11 | Criminal Cases; District Court |
Each district court shall have the powers of a justice of the peace and quorum throughout the state and shall have original jurisdiction, subject to appeal, of all crimes and offenses committed within the confines of the district in which such court is located which are punishable by a fine not exceeding $2,000 or imprisonment not exceeding one year, or both, including all violations of the provisions of RSA 266:16 and RSA 266:25 pertaining to vehicles exceeding permitted size or weight, regardless of whether the defendant is a natural person or any other person.
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District Court | Jurisdiction of the courts |
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New Hampshire | N.H. Rev. Stat. Ann. § 490:4 | Jurisdiction |
The supreme court shall have general superintendence of all courts of inferior jurisdiction to prevent and correct errors and abuses, including the authority to approve rules of court and prescribe and administer canons of ethics with respect to such courts, shall have exclusive authority to issue writs of error, and may issue writs of certiorari, prohibition, habeas corpus, and all other writs and processes to other courts, to corporations and to individuals, and shall do and perform all the duties reasonably requisite and necessary to be done by a court of final jurisdiction of questions of law and general superintendence of inferior courts.
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Supreme Court | Jurisdiction of the courts |
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New Hampshire | N.H. Rev. Stat. § 591-A:1 | Superior Court |
The superior court has jurisdiction of all criminal cases and proceedings; but it may dismiss a prosecution originally begun therein which is within the jurisdiction of a circuit court. |
Superior Court | Jurisdiction of the courts |
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New Hampshire | N.H. Rev. Stat. § 5912-B:1 | Jurisdiction |
The superior court shall have exclusive jurisdiction over felony complaints and misdemeanors and violation level charges that are directly related to those felonies. The superior court shall also have jurisdiction over de novo appeals of class A misdemeanors pursuant to RSA 599:1.
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Superior Court | Jurisdiction of the courts |
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New Hampshire | N.H. Rev. Stat. § 502-A:17-a | Transfers to Supreme Court |
In any criminal case or civil cause in any district court, questions of law may be transferred to the supreme court in the same manner as that from the superior court under RSA 491:17; provided that the district court justice hearing the case to be transferred shall, if either party requests it, file as a part of the transferred case his findings, in writing, stating the facts found and his rulings of law.
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Supreme Court | Jurisdiction of the courts |
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New Hampshire | N.H. Rev. Stat. § 591-A:2 | Appeals to Superior Court |
The superior court has jurisdiction of all appeals in criminal cases from district or municipal courts. |
Superior Court | Jurisdiction of the courts |
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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 moreordain 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."
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All Courts | Creation of the courts |
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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 morecourts, chancery courts, courts of appeals, and the supreme court, and other courts created by law."
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All Courts | Creation of the courts |
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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 morebefore 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."
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All Courts | Jurisdiction of the courts |
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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 morenow 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."
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Supreme Court | Jurisdiction of the courts |
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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 morethe 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."
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Court of Appeals | Jurisdiction of the courts |
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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 moreand 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."
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Court of Criminal Appeals | Jurisdiction of the courts |
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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 moreis 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.
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Circuit Court | Jurisdiction of the courts |
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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 moreor 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."
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Chancery Court | Jurisdiction of the courts |