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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.
134 Results
| State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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New York | Const. Art. 6, § 9 | Court of claims; jurisdiction | The court shall have jurisdiction to hear and determine claims against the state or by the state against the claimant or between conflicting claimants as the legislature may provide. | Court of Claims | Jurisdiction of the courts |
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New York | Const. Art. 6, § 11 | County courts; judges |
a. The county court shall have jurisdiction over the following classes of actions and proceedings which shall be originated in such county court in the manner provided by law, except + See morethat actions and proceedings within the jurisdiction of the district court or a town, village or city court outside the city of New York may, as provided by law, be originated therein: actions and proceedings for the recovery of money, actions and proceedings for the recovery of chattels and actions and proceedings for the foreclosure of mechanics liens and liens on personal property where the amount sought to be recovered or the value of the property does not exceed twenty-five thousand dollars exclusive of interest and costs; over all crimes and other violations of law; over summary proceedings to recover possession of real property and to remove tenants therefrom; and over such other actions and proceedings, not within the exclusive jurisdiction of the supreme court, as may be provided by law. b. The county court shall exercise such equity jurisdiction as may be provided by law and its jurisdiction to enter judgment upon a counterclaim for the recovery of money only shall be unlimited. c. The county court shall have jurisdiction to hear and determine all appeals arising in the county in the following actions and proceedings: as of right, from a judgment or order of the district court or a town, village or city court which finally determines an action or proceeding and, as may be provided by law, from a judgment or order of any such court which does not finally determine an action or proceeding. The legislature may provide, in accordance with the provisions of section eight of this article, that any or all of such appeals be taken to an appellate term of the supreme court instead of the county court.
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County Court | Jurisdiction of the courts |
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New York | Const. Art. 6, § 12 | Const. Art. 6, § 12 |
d. The surrogate's court shall have jurisdiction over all actions and proceedings relating to the affairs of decedents, probate of wills, administration of estates and actions and proceedings arising thereunder + See moreor pertaining thereto, guardianship of the property of minors, and such other actions and proceedings, not within the exclusive jurisdiction of the supreme court, as may be provided by law. e. The surrogate's court shall exercise such equity jurisdiction as may be provided by law.
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Surrogate's Court | Jurisdiction of the courts |
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New York | Const. Art. 6, § 13 | Family court; organization; jurisdiction |
b. The family court shall have jurisdiction over the following classes of actions and proceedings which shall be originated in such family court in the manner provided by law: (1) + See morethe protection, treatment, correction and commitment of those minors who are in need of the exercise of the authority of the court because of circumstances of neglect, delinquency or dependency, as the legislature may determine; (2) the custody of minors except for custody incidental to actions and proceedings for marital separation, divorce, annulment of marriage and dissolution of marriage; (3) the adoption of persons; (4) the support of dependents except for support incidental to actions and proceedings in this state for marital separation, divorce, annulment of marriage or dissolution of marriage; (5) the establishment of paternity; (6) proceedings for conciliation of spouses; and (7) as may be provided by law: the guardianship of the person of minors and, in conformity with the provisions of section seven of this article, crimes and offenses by or against minors or between spouses or between parent and child or between members of the same family or household. Nothing in this section shall be construed to abridge the authority or jurisdiction of courts to appoint guardians in cases originating in those courts. c. The family court shall also have jurisdiction to determine, with the same powers possessed by the supreme court, the following matters when referred to the family court from the supreme court: habeas corpus proceedings for the determination of the custody of minors; and in actions and proceedings for marital separation, divorce, annulment of marriage and dissolution of marriage, applications to fix temporary or permanent support and custody, or applications to enforce judgments and orders of support and of custody, or applications to modify judgments and orders of support and of custody which may be granted only upon the showing to the family court that there has been a subsequent change of circumstances and that modification is required.
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Family Court | Jurisdiction of the courts |
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New York | Const. Art. 6, § 16 | District courts; jurisdiction; judges |
The district court shall have such jurisdiction as may be provided by law, but not in any respect greater than the jurisdiction of the courts for the city of New + See moreYork as provided in section fifteen of this article, provided, however, that in actions and proceedings for the recovery of money, actions and proceedings for the recovery of chattels and actions and proceedings for the foreclosure of mechanics liens and liens on personal property, the amount sought to be recovered or the value of the property shall not exceed fifteen thousand dollars exclusive of interest and costs.
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District Court | Jurisdiction of the courts |
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New York | Const. Art. 6, § 15 | New York city; city-wide courts; jurisdiction |
b. The court of city-wide civil jurisdiction of the city of New York shall have jurisdiction over the following classes of actions and proceedings which shall be originated in such + See morecourt in the manner provided by law: actions and proceedings for the recovery of money, actions and proceedings for the recovery of chattels and actions and proceedings for the foreclosure of mechanics liens and liens on personal property where the amount sought to be recovered or the value of the property does not exceed twenty-five thousand dollars exclusive of interest and costs, or such smaller amount as may be fixed by law; over summary proceedings to recover possession of real property and to remove tenants therefrom and over such other actions and proceedings, not within the exclusive jurisdiction of the supreme court, as may be provided by law. The court of city-wide civil jurisdiction shall further exercise such equity jurisdiction as may be provided by law and its jurisdiction to enter judgment upon a counterclaim for the recovery of money only shall be unlimited.
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Civil Court, NYC | Jurisdiction of the courts |
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New York | Const. Art. 6, § 15 | New York city; city-wide courts; jurisdiction |
c. The court of city-wide criminal jurisdiction of the city of New York shall have jurisdiction over crimes and other violations of law, other than those prosecuted by indictment, provided, + See morehowever, that the legislature may grant to said court jurisdiction over misdemeanors prosecuted by indictment; and over such other actions and proceedings, not within the exclusive jurisdiction of the supreme court, as may be provided by law.
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Criminal Court, NYC | Jurisdiction of the courts |
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New York | Const. Art. 6, § 17 | Town, village and city courts; jurisdiction; judges |
a. Courts for towns, villages and cities outside the city of New York are continued and shall have the jurisdiction prescribed by the legislature but not in any respect greater + See morethan the jurisdiction of the district court as provided in section sixteen of this article.
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Town, Village, and City courts | Jurisdiction of the courts |
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New York | N.Y. Uniform Just. Ct. Act § 201 | Jurisdiction; in general |
The court shall have jurisdiction as set forth in this article and as elsewhere provided by law, subject, in the case of a city court governed by this act, to + See morethe limitations stated in § 2300(b)(2)(i) of this act. The phrase $3000, whenever it appears herein, shall be taken to mean $3000 exclusive of interest and costs, except that, in the case of a city court governed by this act whose monetary jurisdiction is, pursuant to § 2300(b)(2)(i) of this act, below $3000, it shall be taken to mean such lesser sum as is applicable in the particular court, exclusive of interest and costs.
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Justice Courts | Jurisdiction of the courts |
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Georgia | Ga. Const. Art. VI, § III, Para. I | Jurisdiction of Classes of Courts of Limited Jurisdiction |
The magistrate, juvenile, and state courts shall have uniform jurisdiction as provided by law. Probate courts shall have such jurisdiction as now or hereafter provided by law, without regard to uniformity.
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Magistrate | Jurisdiction of the courts |
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Georgia | Ga. Const. Art. VI, § IV, Para. I | Jurisdiction of Superior Courts |
The superior courts shall have jurisdiction in all cases, except as otherwise provided in this Constitution. They shall have exclusive jurisdiction over trials in felony cases, except in the case of juvenile offenders as provided by law; in cases respecting title to land; and in divorce cases. They shall have concurrent jurisdiction with the state-wide business court in equity cases. A superior court by agreement of the parties may order removal of a case to the state-wide business court as provided by law. The superior courts shall have such appellate jurisdiction, either alone or by circuit or district, as may be provided by law.
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Superior Court | Jurisdiction of the courts |
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Georgia | Ga. Code Ann. § 15-6-8 | Jurisdiction and Powers of Superior Courts |
The superior courts have authority: (1) To exercise original, exclusive, or concurrent jurisdiction, as the case may be, of all causes, both civil and criminal, granted to them by the Constitution and laws; (2) To exercise the powers of a court of equity; (3) To exercise appellate jurisdiction from judgments of the probate or magistrate courts as provided by law; (4) To exercise a general supervision over all inferior tribunals and to review and correct, in the manner prescribed by law, the judgments of: (A) Magistrates; (B) Municipal courts or councils; (C) Any inferior judicature; (D) Any person exercising judicial powers; and (E) Judges of the probate courts, except in cases touching the probate of wills and the granting of letters of administration, in which a jury must be impaneled; (5) To punish contempt by fines not exceeding $1,000.00, by imprisonment not exceeding 20 days, or both; and (6) To exercise such other powers, not contrary to the Constitution, as are or may be given to such courts by law.
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Superior Court | Jurisdiction of the courts |
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Georgia | Ga. Const. Art. VI, § V, Para. III | Jurisdiction of Court of Appeals; Decisions Binding |
The Court of Appeals shall be a court of review and shall exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law. The decisions of the Court of Appeals insofar as not in conflict with those of the Supreme Court shall bind all courts except the Supreme Court as precedents.
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Court of Appeals | Jurisdiction of the courts |
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Georgia | Ga. Const. Art. VI, § VI, Para. II | Exclusive Appellate Jurisdiction of Supreme Court |
The Supreme Court shall be a court of review and shall exercise exclusive appellate jurisdiction in the following cases: (1) All cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question; and (2) All cases of election contest.
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Supreme Court | Jurisdiction of the courts |
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Georgia | Ga. Const. Art. VI, § VI, Para. III | General appellate jurisdiction of Supreme Court |
Unless otherwise provided by law, the Supreme Court shall have appellate jurisdiction of the following classes of cases:(1) Cases involving title to land; (2) All equity cases; (3) All cases involving wills; (4) All habeas corpus cases; (5) All cases involving extraordinary remedies; (6) All divorce and alimony cases; (7) All cases certified to it by the Court of Appeals; and (8) All cases in which a sentence of death was imposed or could be imposed. Review of all cases shall be as provided by law.
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Supreme Court | Jurisdiction of the courts |
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Georgia | Ga. Const. Art. VI, § VI, Para. IV | Jurisdiction Over Questions of Law From State Appellate or Federal District or Appellate Courts |
The Supreme Court shall have jurisdiction to answer any question of law from any state appellate or federal district or appellate court. |
Supreme Court | Jurisdiction of the courts |
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Georgia | Ga. Const. Art. VI, § I, Para. I | Judicial Power of the State |
The judicial power of the state shall be vested exclusively in the following classes of courts: magistrate courts, probate courts, juvenile courts, state courts, superior courts, state-wide business court, Court of Appeals, and Supreme Court. Nothing in this paragraph shall preclude a superior court from creating a business court division for its circuit in a manner provided by law. Magistrate courts, probate courts, juvenile courts, and state courts shall be courts of limited jurisdiction. In addition, the General Assembly may establish or authorize the establishment of municipal courts and may authorize administrative agencies to exercise quasi-judicial powers. Municipal courts shall have jurisdiction over ordinance violations and such other jurisdiction as provided by law. Except as provided in this paragraph and in Section X, municipal courts, county recorder's courts and civil courts in existence on June 30, 1983, and administrative agencies shall not be subject to the provisions of this article. The General Assembly shall have the authority to confer "by law" jurisdiction upon municipal courts to try state offenses.
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Courts generally | Creation of the courts |
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Georgia | Ga. Code Ann. § 15-3-3 | Jurisdiction over Certain Crimes |
Pursuant to Article VI, Section V, Paragraph III of the Constitution of this state, the Court of Appeals shall have jurisdiction of the trial and correction of errors of law in cases involving the crimes of armed robbery, rape, and kidnapping wherein the death penalty has not been imposed.
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Courts of Appeals | Jurisdiction of the courts |
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Georgia | Ga. Code Ann. § 15-2-8 | Powers of Court Generally |
The Supreme Court has authority: (1) To exercise appellate jurisdiction, and in no appellate case to hear facts or examine witnesses; (2) To hear and determine all cases, civil and criminal, that may come before it; to grant judgments of affirmance or reversal, or any other order, direction, or decree required therein; and, if necessary, to make a final disposition of a case in the manner prescribed elsewhere in this Code; (3) To grant any writ necessary to carry out any purpose of its organization or to compel any inferior tribunal or officers thereof to obey its order; (4) To appoint its own officers and to commission any person to execute any specific order it may make; (5) To establish, amend, and alter its own rules of practice and to regulate the admission of attorneys to the practice of law; (6) To punish for contempt by the infliction of a fine as high as $500.00 or imprisonment not exceeding ten days, or both; and (7) To exercise such other powers, not contrary to the Constitution of this state, as given to it by law. This paragraph shall not be interpreted to abrogate the inherent power of the court.
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Supreme Court | Jurisdiction of the courts |
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Georgia | Ga. Code Ann. § 15-3-3.1 | Appellate Jurisdiction of Court of Appeals |
(a) Pursuant to Article VI, Section VI, Paragraph III of the Constitution of this state, the Court of Appeals rather than the Supreme Court shall have appellate jurisdiction in the following classes of cases: (1) Cases involving title to land; (2) All equity cases, except those cases concerning proceedings in which a sentence of death was imposed or could be imposed and those cases concerning the execution of a sentence of death; (3) All cases involving wills; (4) All cases involving extraordinary remedies, except those cases concerning proceedings in which a sentence of death was imposed or could be imposed and those cases concerning the execution of a sentence of death; (5) All divorce and alimony cases; and (6) All other cases not reserved to the Supreme Court or conferred on other courts; (b) This Code section shall not otherwise affect the jurisdiction of the Supreme Court or the Court of Appeals.
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Courts of Appeals | Jurisdiction of the courts |