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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.
58 Results
| State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Montana | Mont. Code Ann. § 3-7-501 | Jurisdiction |
The jurisdiction of each judicial district concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights is exercised exclusively by it through + See morethe water division or water divisions that contain the judicial district wholly or partly. A water judge may not preside over matters concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights beyond the boundaries specified in 3-7-102 for the judge's division except as provided in 3-7-201. The water judge for each division shall exercise jurisdiction over all matters concerning cases certified to the court under 85-2-309 or concerning the determination and interpretation of existing water rights within the judge's division as specified in 3-7-102 that are considered filed in or transferred to a judicial district wholly or partly within the division. The determination and interpretation of existing water rights includes, without limitation, the adjudication of total or partial abandonment of existing water rights occurring at any time before the entry of the final decree.
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Water Courts | Jurisdiction of the courts |
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Montana | Mont. Code Ann. § 3-10-103; Mont. Code Ann. § 3-10-303 | Criminal Jurisdiction |
(1) The justices' courts have jurisdiction of public offenses committed within the respective counties in which the courts are established as follows: (a) except as provided in subsection (2), jurisdiction + See moreof all misdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding 6 months, or both; (b) jurisdiction of all misdemeanor violations of fish and game statutes punishable by a fine of not more than $1,000 or imprisonment for not more than 6 months, or both; (c) concurrent jurisdiction with district courts of all misdemeanors punishable by a fine exceeding $500 or imprisonment exceeding 6 months, or both; (d) concurrent jurisdiction with district courts of all misdemeanor violations of fish and game statutes punishable by a fine exceeding $1,000 or imprisonment exceeding 6 months, or both; (e) jurisdiction to act as examining and committing courts and for that purpose to conduct preliminary hearings; (f) jurisdiction of all violations of Title 61, chapter 10; and (g) all misdemeanor violations of Title 81, chapter 8, part 2.
(2) In any county that has established a drug treatment court or a mental health treatment court, the district court, with the consent of all judges of the courts of limited jurisdiction in the county, has concurrent jurisdiction of all misdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding 6 months, or both.
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Justices' Courts | Jurisdiction of the courts |
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Montana | Mont. Code Ann. § 3-11-102 | Concurrent Jurisdiction |
(1) The city court has concurrent jurisdiction with the justice's court of all misdemeanors and proceedings mentioned and provided for under chapter 10, part 3, of this title.
(2) Applications for + See moresearch warrants and complaints charging the commission of a felony may be filed in the city court. When they are filed, the city judge has the same jurisdiction and responsibility as a justice of the peace, including the holding of a preliminary hearing. The city attorney may file an application for a search warrant or a complaint charging the commission of a felony when the offense was committed within the city limits. The county attorney, however, must handle any action after a defendant is bound over to district court.
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City Courts | Jurisdiction of the courts |
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Montana | Mont. Code Ann. § 3-11-103 | Exclusive Jurisdiction |
Except as provided in 3-11-104, the city court has exclusive jurisdiction of:
(1) proceedings for the violation of an ordinance of the city or town, both civil and criminal;
(2) when the + See moreamount of the taxes or assessments sought does not exceed $9,500, actions for the collection of taxes or assessments levied for any of the following purposes, except that no lien on the property taxed or assessed for the nonpayment of the taxes or assessments may be foreclosed in any such action: (a) city or town purposes; (b) the erection or improvement of public buildings; (c) the laying out, opening, or improving of a public street, sidewalk, alley, or bridge; (d) the acquisition or improvement of any public grounds; and (e) public improvements made or ordered by the city or town within its limits;
(3) actions for the collection of money due to the city or town or from the city or town to any person when the amount sought, exclusive of interest and costs, does not exceed $9,500;
(4) when the amount claimed, exclusive of costs, does not exceed $9,500, actions for: (a) the breach of an official bond given by a city or town officer; (b) the breach of any contract when the city or town is a party or is in any way interested; (c) damages when the city or town is a party or is in any way interested; (d) the enforcement of forfeited recognizances given to, for the benefit of, or on behalf of the city or town; and (e) collection on bonds given upon an appeal taken from the judgment of the court in any action mentioned in subsections (4)(a) through (4)(d);
(5) actions for the recovery of personal property belonging to the city or town when the value of the property, exclusive of the damages for the taking or detention, does not exceed $9,500; and
(6) actions for the collection of a license fee required by an ordinance of the city or town.
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City Courts | Jurisdiction of the courts |
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Montana | Mont. Code Ann. § 3-11-101 | City court established--city court of record |
A city court is established in each city or town. A city judge shall establish regular sessions of the court. On judicial days, the court must be open for all + See morebusiness, civil and criminal. On nonjudicial days, as defined in 3-1-302, the court may transact criminal business only.
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City Courts | Creation of the courts |
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Montana | Mont. Code Ann. § 3-12-103 | Creation of court |
A small claims court may be created by a resolution passed by the board of county commissioners after consultation with the district court judges of the judicial district in which + See morethe county is located or by county initiative as provided in Title 7, chapter 5, part 1. Upon passage of the resolution or initiative, the judge of the appropriate judicial district shall, by court order, establish a small claims court under the provisions of this chapter. When the order is filed with the clerk of the district court of the appropriate county, the clerk of the district court becomes the clerk of the small claims court.
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Small claims court | Creation of the courts |
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Texas | Tex. Const. Art. 5 Sec. 1 | Judicial power; courts in which vested |
The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law.
The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto. |
State courts | Creation of the courts |
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Texas | Tex. Con. Art. 5 Sec. 19 | Justices of the peace; jurisdiction; appeals; ex officio notaries public; times and places of holding court |
Justice of the peace courts shall have original jurisdiction in criminal matters of misdemeanor cases punishable by fine only, exclusive jurisdiction in civil matters where the amount in controversy is two hundred dollars or less, and such other jurisdiction as may be provided by law. Justices of the peace shall be ex officio notaries public.
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Justice of the Peace Courts | Jurisdiction of the courts |
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Texas | Tex. Loc. Gov't Code §26.045 | Original Criminal Jurisdiction |
(a) Except as provided by Subsection (c), a county court has exclusive original jurisdiction of misdemeanors other than misdemeanors involving official misconduct and cases in which the highest fine that may be imposed is $500 or less.
(b) Except as provided by Subsection (c), a county court has jurisdiction in the forfeiture and final judgment of bonds and recognizances taken in criminal cases within the court's jurisdiction. (c) Except as provided by Subsections (d) and (f), a county court that is in a county with a criminal district court does not have any criminal jurisdiction. (d) A county court in a county with a population of 1.75 million or more has original jurisdiction over cases alleging a violation of Section 25.093, Education Code, or alleging truant conduct under Section 65.003(a), Family Code. (e) Subsections (c) and (d) do not affect the jurisdiction of a statutory county court. (f) A county court has concurrent jurisdiction with a municipal court in cases that arise in the municipality's extraterritorial jurisdiction and that arise under an ordinance of the municipality applicable to the extraterritorial jurisdiction under Section 216.902, Local Government Code. |
Constitutional county courts | Jurisdiction of the courts |
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Texas | Tex. Gov't. Code § 22.001. | Jurisdiction |
(a) The supreme court has appellate jurisdiction, except in criminal law matters, of an appealable order or judgment of the trial courts if the court determines that the appeal presents a question of law that is important to the jurisprudence of the state. The supreme court's jurisdiction does not include cases in which the jurisdiction of the court of appeals is made final by statute.
(b) A case over which the court has jurisdiction under Subsection (a) may be carried to the supreme court by petition for review. |
Supreme Court | Jurisdiction of the courts |
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Texas | Jurisdiction of District Court | Tex. Const. Art. 5 Sec. 8 |
District Court jurisdiction consists of exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in cases where exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other law on some other court, tribunal, or administrative body. District Court judges shall have the power to issue writs necessary to enforce their jurisdiction.
The District Court shall have appellate jurisdiction and general supervisory control over the County Commissioners Court, with such exceptions and under such regulations as may be prescribed by law. |
Distict Court | Jurisdiction of the courts |
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Texas | Tex. Gov't. Code § 29.003 | Jurisdiction |
(a) A municipal court, including a municipal court of record, shall have exclusive original jurisdiction within the municipality's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction in all criminal cases that:
(1) arise under: (A) the ordinances of the municipality; or (B) a resolution, rule, or order of a joint board operating an airport under Section 22.074, Transportation Code; and (2) are punishable by a fine not to exceed: (A) $2,000 in all cases arising under municipal ordinances or resolutions, rules, or orders of a joint board that govern fire safety, zoning, or public health and sanitation, other than the dumping of refuse; (B) $4,000 in cases arising under municipal ordinances that govern the dumping of refuse; or (C) $500 in all other cases arising under a municipal ordinance or a resolution, rule, or order of a joint board. (b) The municipal court has concurrent jurisdiction with the justice court of a precinct in which the municipality is located in all criminal cases arising under state law that arise within the municipality's territorial limits or property owned by the municipality located in the municipality's extraterritorial jurisdiction and that: (1) are punishable only by a fine, as defined in Subsection (c); or (2) arise under Chapter 106, Alcoholic Beverage Code, and do not include confinement as an authorized sanction. |
Municipal Court | Jurisdiction of the courts |
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Texas | Tex. Code Crim. Proc. Art. 4.01 | What Courts Have Criminal Jurisdiction |
The following courts have jurisdiction in criminal actions: appointed by the judges of the district courts of Bexar County, Dallas County, Tarrant County, or Travis County that give preference to criminal cases and the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County;
6. The county courts; 7. All county courts at law with criminal jurisdiction; 8. County criminal courts; 9. Justice courts; 10. Municipal courts; 11. The magistrates appointed by the judges of the district courts of Lubbock County; and 12. The magistrates appointed by the El Paso Council of Judges. |
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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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 |