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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.
94 Results
| State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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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 |
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Maine | Me. Rev. Stat. tit 4 § 8 | Power to prescribe general rules |
The Supreme Judicial Court has the power to prescribe, by general rules, for the Probate, District and Superior Courts of Maine, the forms of process, writs, pleadings and motions and the practice and procedure in civil actions at law. Said rules may neither abridge, enlarge nor modify the substantive rights of any litigant. They take effect on such date not less than 6 months after their promulgation as the Supreme Judicial Court may fix. After their promulgation the Supreme Judicial Court may repeal, amend, modify or add to them from time to time with or without a waiting period. After the effective date of said rules as promulgated or amended, all laws in conflict therewith are of no further force or effect.
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Supreme Judicial Court | Jurisdiction of the courts |
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Maine | Me. Rev. Stat. tit 4 § 421 | Establishment |
The Judicial Department may establish alcohol and drug treatment programs in the Superior Courts and District Courts and may adopt administrative orders and court rules to govern the practice, procedure and administration of these programs. Alcohol and drug treatment programs must include local judges and must be community based and operated separately from juvenile drug courts.
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Alcohol and drug treatment court | Creation of the courts |
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Maine | Me. Rev. Stat. tit 4 § 431 | Mental health treatment courts |
The Judicial Department may seek and receive grants to establish mental health treatment courts. |
Mental health treatment courts | Creation of the courts |
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Maine | Me. Rev. Stat. tit 4 § 433(2) | Veterans treatment courts |
Chief Justice may establish. The Chief Justice of the Supreme Judicial Court may establish veterans treatment courts for veterans and members of the United States Armed Forces. The Supreme Judicial Court may adopt administrative orders and court rules of practice and procedure as necessary.
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Veterans treatment courts | Creation of the courts |
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Maine | M.R.S.A. Const. Art. 6, § 1 | Courts |
The judicial power of this State shall be vested in a Supreme Judicial Court, and such other courts as the Legislature shall from time to time establish. |
Courts generally | Jurisdiction of the courts |
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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 |