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Below are all of the laws that govern the structure of courts that match your search criteria.
56 Results
State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Alaska | Alaska Stat. Ann. § 22.07.020 | Jurisdiction |
(a) The court of appeals has appellate jurisdiction in actions and proceedings commenced in the superior court involving (1) criminal prosecution; (2) post-conviction relief; (3) matters under AS 47.12, including waiver of jurisdiction over a minor under AS 47.12.100; (4) extradition; (5) habeas corpus; (6) probation and parole; and (7) bail.
(b) Except as limited in AS 12.55.120, the court of appeals has jurisdiction to hear appeals of unsuspended sentences of imprisonment exceeding two years for a felony offense or 120 days for a misdemeanor offense imposed by the superior court on the grounds that the sentence is excessive, or a sentence of any length on the grounds that it is too lenient. The court of appeals, in the exercise of this jurisdiction, may modify the sentence as provided by law and the Constitution of the State of Alaska. (c) The court of appeals has jurisdiction to review (1) a final decision of the district court in an action or proceeding involving criminal prosecution, post-conviction relief, extradition, probation and parole, habeas corpus, or bail; and (2) the final decision of the district court on a sentence imposed by it if the sentence exceeds 120 days of unsuspended incarceration for a misdemeanor offense. In this subsection, “final decision” means a decision or order, other than dismissal by consent of all parties, that closes a matter in the district court. (d) An appeal to the court of appeals is a matter of right in all actions and proceedings within its jurisdiction except that (1) the right of appeal to the court of appeals is waived if an appellant chooses to appeal the final decision of the district court to the superior court; and (2) the state's right of appeal in criminal cases is limited by the prohibitions against double jeopardy contained in the United States Constitution and the Alaska Constitution. (e) The court of appeals may in its discretion (1) review a final decision of the superior court on an appeal from a district court in an action or proceeding involving criminal prosecution, post-conviction relief, extradition, probation and parole, habeas corpus or bail; (2) review the final decision of the superior court on appeal of a sentence imposed by the district court. In this subsection, “final decision” means a decision or order, other than a dismissal by consent of all parties, that closes a matter in the superior court. (f) The court of appeals may issue injunctions, writs, and all other process necessary for the complete exercise of its jurisdiction. (g) A final decision of the court of appeals is binding on the superior court and on the district court unless superseded by a decision of the supreme court. |
Court of Appeals | Jurisdiction of the courts |
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Alaska | Alaska Stat. Ann. § 22.05.015 | Transfer of Appellate Cases |
(a) The supreme court may transfer to the court of appeals for decision a case pending before the supreme court if the case is within the jurisdiction of the court of appeals.
(b) The supreme court may take jurisdiction of a case pending before the court of appeals if the court of appeals certifies to the supreme court that the case involves a significant question of law under the Constitution of the United States or under the constitution of the state or involves an issue of substantial public interest that should be determined by the supreme court. (c) A case filed in the supreme court or in the court of appeals may not be dismissed by one court on the ground that it is within the jurisdiction of the other court. The case shall be transferred to the proper court. |
Supreme Court | Jurisdiction of the courts |
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Alaska | Alaska Stat. Ann. § 22.05.010 | Jurisdiction |
(a) The supreme court has final appellate jurisdiction in all actions and proceedings. However, a party has only one appeal as a matter of right from an action or proceeding commenced in either the district court or the superior court.
(b) Appeal to the supreme court is a matter of right only in those actions and proceedings from which there is no right of appeal to the court of appeals under AS 22.07.020 or to the superior court under AS 22.10.020 or AS 22.15.240. (c) A decision of the superior court on an appeal from an administrative agency decision may be appealed to the supreme court as a matter of right. (d) The supreme court may in its discretion review a final decision of the court of appeals on application of a party under AS 22.07.030. The supreme court may in its discretion review a final decision of the superior court on an appeal of a civil case commenced in the district court. In this subsection, “final decision” means a decision or order, other than a dismissal by consent of all parties, that closes a matter in the court of appeals or the superior court, as applicable. (e) The supreme court may issue injunctions, writs, and all other process necessary to the complete exercise of its jurisdiction. (f) The supreme court may, in its discretion, review a final decision of the Military Appeals Commission under AS 26.05.645 for which a sentence of confinement is imposed, the right to appeal to the Military Appeals Commission under AS 26.05.615 or 26.05.640 has been exhausted, and a petition for review is filed under AS 26.05.645. |
Supreme Court | Jurisdiction of the courts |
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Alaska | Alaska Stat. Ann. § 22.10.020 | Jurisdiction of the Superior Court |
(a) The superior court is the trial court of general jurisdiction, with original jurisdiction in all civil and criminal matters, including probate and guardianship of minors and incompetents. Except for a petition for a protective order under AS 18.66.100-18.66.180, an action that falls within the concurrent jurisdiction of the superior court and the district court may not be filed in the superior court, except as provided by rules of the supreme court.
(b) The jurisdiction of the superior court extends over the whole of the state. (c) The superior court and its judges may issue injunctions, writs of review, mandamus, prohibition, habeas corpus, and all other writs necessary or proper to the complete exercise of its jurisdiction. A writ of habeas corpus may be made returnable before any judge of the superior court. (d) The superior court has jurisdiction in all matters appealed to it from a subordinate court, or administrative agency when appeal is provided by law, and has jurisdiction over petitions for relief in administrative matters under AS 44.62.305. The hearings on appeal from a final order or judgment of a subordinate court or administrative agency, except an appeal under AS 43.05.242, shall be on the record unless the superior court, in its discretion, grants a trial de novo, in whole or in part. The hearings on appeal from a final order or judgment under AS 43.05.242 shall be on the record. (e) An appeal to the superior court is a matter of right, but an appeal from a subordinate court may not be taken by the defendant in a criminal case after a plea of guilty, except on the ground that the sentence was excessive. The state's right of appeal in criminal cases is limited by the prohibitions against double jeopardy contained in the United States Constitution and the Alaska Constitution. (f) An appeal to the superior court may be taken on the ground that an unsuspended sentence of imprisonment exceeding 120 days was excessive and the superior court in the exercise of this jurisdiction has the power to reduce the sentence. The state may appeal a sentence on the ground that it is too lenient. When a sentence is appealed on the ground that it is too lenient, the court may not increase the sentence but may express its approval or disapproval of the sentence and its reasons in a written opinion. (g) In case of an actual controversy in the state, the superior court, upon the filing of an appropriate pleading, may declare the rights and legal relations of an interested party seeking the declaration, whether or not further relief is or could be sought. The declaration has the force and effect of a final judgment or decree and is reviewable as such. Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against an adverse party whose rights have been determined by the judgment. (h) Renumbered as § 22.10.025(a) by the revisor in 2004. (i) The superior court is the court of original jurisdiction over all causes of action arising under the provisions of AS 18.80. A person who is injured or aggrieved by an act, practice, or policy which is prohibited under AS 18.80 may apply to the superior court for relief. The person aggrieved or injured may maintain an action on behalf of that person or on behalf of a class consisting of all persons who are aggrieved or injured by the act, practice, or policy giving rise to the action. In an action brought under this subsection, the court may grant relief as to any act, practice, or policy of the defendant which is prohibited by AS 18.80, regardless of whether each act, practice, or policy, with respect to which relief is granted, directly affects the plaintiff, so long as a class or members of a class of which the plaintiff is a member are or may be aggrieved or injured by the act, practice, or policy. The court may enjoin any act, practice, or policy which is illegal under AS 18.80 and may order any other relief, including the payment of money, that is appropriate. |
Superior Court | Jurisdiction of the courts |
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Alaska | Alaska Stat. Ann. § 22.15.040 | Small Claims |
(a) Except as otherwise provided in this subsection, when a claim for relief does not exceed $10,000, exclusive of costs, interest, and attorney fees, and request is so made, the district judge or magistrate shall hear the action as a small claim unless important or unusual points of law are involved or the state is a defendant. The Department of Labor and Workforce Development may bring an action as a small claim under this subsection for the payment of wages under AS 23.05.220 in an amount not to exceed $20,000, exclusive of costs, interest, and attorney fees. The supreme court shall prescribe the procedural rules and standard forms to assure simplicity and the expeditious handling of small claims.
(b) All potential small claim litigants shall be informed if mediation, conciliation, and arbitration services are available as an alternative to litigation. |
District Court | Jurisdiction of the courts |
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Alaska | Alaska Stat. Ann. § 22.15.030 | Civil Jurisdiction |
(a) The district court has jurisdiction of civil cases, including foreign judgments filed under AS 09.30.200 and arbitration proceedings under AS 09.43.170 or 09.43.530 to the extent permitted by AS 09.43.010 and 09.43.300, as follows:
(1) for the recovery of money or damages when the amount claimed exclusive of costs, interest, and attorney fees does not exceed $100,000 for each defendant; (2) for the recovery of specific personal property, when the value of the property claimed and the damages for the detention do not exceed $100,000; (3) for the recovery of a penalty or forfeiture, whether given by statute or arising out of contract, not exceeding $100,000; (4) to give judgment without action upon the confession of the defendant for any of the cases specified in this section, except for a penalty or forfeiture imposed by statute; (5) for establishing the fact of death or cause and manner of death of any person in the manner prescribed in AS 09.55.020--09.55.069; (6) for the recovery of the possession of premises in the manner provided under AS 09.45.070--09.45.160 when the value of the arrears and damage to the property does not exceed $100,000; (7) for the foreclosure of a lien when the amount in controversy does not exceed $100,000; (8) for the recovery of money or damages in motor vehicle tort cases when the amount claimed exclusive of costs, interest, and attorney fees does not exceed $100,000 for each defendant; (9) over civil actions for taking utility service and for damages to or interference with a utility line filed under AS 42.20.030; (10) over cases involving protective orders for domestic violence under AS 18.66.100--18.66.180. (11) over cases involving cruelty to or seizure, destruction, adoption, or cost of care of animals under AS 03.55.100--03.55.190. (b) Insofar as the civil jurisdiction of the district courts and the superior court is the same, the jurisdiction is concurrent. Except for a petition for a protective order under AS 18.66.100-18.66.180, an action that falls within the concurrent jurisdiction of the superior court and the district court may not be filed in the superior court, except as provided by rules of the supreme court. |
District Court | Jurisdiction of the courts |
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Alaska | Alaska Stat. Ann. § 22.15.050 | Actions Not Within Civil Jurisdiction |
The jurisdiction of the district courts does not extend to (1) an action in which the title to real property is in question; (2) an action of an equitable nature, except as otherwise provided by law.
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District Court | Jurisdiction of the courts |
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Alaska | Alaska Stat. Ann. § 22.15.060 | Criminal Jurisdiction |
(a) The district court has jurisdiction (1) of the following crimes: (A) a misdemeanor, unless otherwise provided in this chapter; (B) a violation of an ordinance of a political subdivision; (C) a violation of AS 04.16.050 or AS 11.76.105; (2) to provide post-conviction relief under the Alaska Rules of Criminal Procedure, if the conviction occurred in the district court.
(b) Insofar as the criminal jurisdiction of the district courts and the superior court is the same, such jurisdiction is concurrent. |
District Court | Jurisdiction of the courts |
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Alaska | Alaska Stat. § 12.55.175(a) | Three-Judge Sentencing Panel |
There is created within the superior court a panel of five superior court judges to be appointed by the chief justice in accordance with rules and for terms as may be prescribed by the supreme court. Three judges of the panel shall be designated by the chief justice as members. The remaining two judges shall be designated by the chief justice as first and second alternates to sit as members in the event of disqualification or disability in accordance with rules as may be prescribed by the supreme court.
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Superior Court | |
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Kentucky | Ky. Const. § 111(2) | Ky. Const. § 111 |
The Court of Appeals shall have appellate jurisdiction only, except that it may be authorized by rules of the Supreme Court to review directly decisions of administrative agencies of the Commonwealth, and it may issue all writs necessary in aid of its appellate jurisdiction, or the complete determination of any cause within its appellate jurisdiction. In all other cases, it shall exercise appellate jurisdiction as provided by law.
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Court of Appeals | Jurisdiction of the courts |
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Kentucky | Ky. Const. § 110 | Ky. Const. § 110(2) |
(2) (a) The Supreme Court shall have appellate jurisdiction only, except it shall have the power to issue all writs necessary in aid of its appellate jurisdiction, or the complete determination of any cause, or as may be required to exercise control of the Court of Justice.
(b) Appeals from a judgment of the Circuit Court imposing a sentence of death or life imprisonment or imprisonment for twenty years or more shall be taken directly to the Supreme Court. In all other cases, criminal and civil, the Supreme Court shall exercise appellate jurisdiction as provided by its rules. |
Supreme Court | Jurisdiction of the courts |
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Kentucky | Ky. Const. § 112(1),(5) | Ky. Const. § 112 |
(1) Circuit Court shall be held in each county (5) The Circuit Court shall have original jurisdiction of all justiciable causes not vested in some other court. It shall have such appellate jurisdiction as may be provided by law.
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Circuit Court | Jurisdiction of the courts |
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Kentucky | Ky. Const. § 113(1),(6) | Ky. Const. § 113 |
(1) District Court shall be held in each county. (6) The district court shall be a court of limited jurisdiction and shall exercise original jurisdiction as may be provided by the General Assembly.
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District Court | Jurisdiction of the courts |
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Kentucky | Ky. Const. § 24A.110 | District Court: Criminal jurisdiction |
(1) The District Court shall have exclusive jurisdiction to make final disposition of all criminal matters, including violations of county, urban-county, or city ordinances or codes, except: by statute as felonies or capital offenses; and
(b) Offenses punishable by death or imprisonment in the penitentiary. (2) The District Court has exclusive jurisdiction to make a final disposition of any charge or a public offense denominated as a misdemeanor or violation, except where the charge is joined with an indictment for a felony, and all violations of county, urban-county, or city ordinances and, prior to trial, to commit the defendant to jail or hold him to bail or other form of pretrial release. (3) The District Court has, concurrent with Circuit Court, jurisdiction to examine any charge of a public offense denominated as a felony or capital offense or which may be punished by death or imprisonment in the penitentiary and to commit the defendant to jail or hold him to bail or other form of pretrial release. |
District Court | Jurisdiction of the courts |
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Kentucky | Ky. Const. § 23A.110 | Jurisdiction of Circuit Court; court of record and of continuous session |
(1) The Circuit Court is a court of general jurisdiction; it has original jurisdiction of all justiciable causes not exclusively vested in some other court. appellate jurisdiction as specified in this chapter.
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Circuit Court | Jurisdiction of the courts |
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New Jersey | N.J. Stat. Ann. § 2B:12-1; N.J. Stat. Ann. § 2B:12-17 | Municipal court jurisdiction |
A municipal court has jurisdiction over the following cases within the territorial jurisdiction of the court: a. Violations of county or municipal ordinances; b. Violations of the motor vehicle and + See moretraffic laws; c. Disorderly persons offenses, petty disorderly persons offenses and other non-indictable offenses except where exclusive jurisdiction is given to the Superior Court; d. Violations of the fish and game laws; e. Proceedings to collect a penalty where jurisdiction is granted by statute; f. Violations of laws regulating boating; and g. Any other proceedings where jurisdiction is granted by statute; A municipal court has jurisdiction over the following cases within the territorial jurisdiction of the court: a. Violations of county or municipal ordinances; b. Violations of the motor vehicle and traffic laws; c. Disorderly persons offenses, petty disorderly persons offenses and other non-indictable offenses except where exclusive jurisdiction is given to the Superior Court; d. Violations of the fish and game laws; e. Proceedings to collect a penalty where jurisdiction is granted by statute; f. Violations of laws regulating boating; and g. Any other proceedings where jurisdiction is granted by statute.
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Municipal Court | Jurisdiction of the courts |
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New Jersey | N.J. Const. art. VI, § 3 | State superior court jurisdiction |
The Superior Court shall consist of such number of judges as may be authorized by law, each of whom shall exercise the powers of the court subject to rules of the + See moreSupreme Court. The Superior Court shall at all times consist of at least two judges who shall be assigned to sit in each of the counties of this State, and who are resident therein at the time of appointment and reappointment. The Superior Court shall have original general jurisdiction throughout the State in all causes
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State Superior Court | Jurisdiction of the courts |
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New Jersey | N.J. Const. art. VI, § 3 | appellate court jurisdiction |
The Superior Court shall be divided into an Appellate Division, a Law Division, and a Chancery Division, which shall include a family part. Each division shall have such other parts, consist of + See moresuch number of judges, and hear such causes, as may be provided by rules of the Supreme Court. At least two judges of the Superior Court shall at all times be assigned to sit in each of the counties of the State, who at the time of their appointment and reappointment were residents of that county provided, however, that the number of judges required to reside in the county wherein they sit shall be at least equal in number to the number of judges of the county court sitting in each of the counties at the adoption of this amendment.
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Appellate Division | Jurisdiction of the courts |
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New Jersey | N.J. Const. art. VI, § 1 | Supreme Court jurisdiction |
The judicial power shall be vested in a Supreme Court, a Superior Court, and other courts of limited jurisdiction. The other courts and their jurisdiction may from time to time + See morebe established, altered or abolished by law.
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New Jersey Supreme Court | Jurisdiction of the courts |
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West Virginia | W. Va. Const. art. VIII, § 2 | Supreme court of appeals |
The supreme court of appeals shall consist of five justices. A majority of the justices of the court shall constitute a quorum for the transaction of business. The justices shall be elected by the voters of the State for a term of twelve years, unless sooner removed or retired as authorized in this article. The legislature may prescribe by law whether the election of such justices is to be on a partisan or nonpartisan basis.
Provision shall be made by rules of the supreme court of appeals for the selection of a member of the court to serve as chief justice thereof. If the chief justice is temporarily disqualified or unable to serve, one of the justices of the court designated in accordance with the rules of the court shall serve temporarily in his stead. When any justice is temporarily disqualified or unable to serve, the chief justice may assign a judge of a circuit court or of an intermediate appellate court to serve from time to time in his stead. |
Supreme court of appeals | Creation of the courts |