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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.
56 Results
| State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Arkansas | Ark. Const. Art. 8, § 5 | Mandamus to Compel Board of Apportionment to Act |
Original jurisdiction (to be exercised on application of any citizens and taxpayers) is hereby vested in the Supreme Court of the State (a) to compel (by mandamus or otherwise) the board to perform its duties as here directed and (b) to revise any arbitrary action of or abuse of discretion by the board in making such apportionment; provided any such application for revision shall be filed with said Court within 30 days after the filing of the report of apportionment by said board with the Secretary of State; if revised by the court, a certified copy of its judgment shall be by the clerk thereof forthwith transmitted to the Secretary of State, and thereupon be and become a substitute for the apportionment made by the board.
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Supreme Court | Jurisdiction of the courts |
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Arkansas | Ark. Code Ann. § 16-12-104 | Authority of Court |
The Court of Appeals shall have authority to issue any writs, directives, orders, and mandates that are appropriate, and only those that are appropriate, for the determination of cases within its jurisdiction.
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Court of Appeals | Jurisdiction of the courts |
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Arkansas | Ark. Code Ann. § 16-17-102(a);(c) | Exchange of Jurisdiction by District Court Judges |
(a) District judges may temporarily exchange districts by joint order entered of record in their respective courts. They may hold court for each other for such length of time as may seem practicable and for the best interest of their respective courts. (b) District judges exchanging jurisdictional authority or districts shall have the same power or authority, holding courts for each other, as the district judge for the district in which the court or courts shall be held.
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District court | Jurisdiction of the courts |
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Arkansas | Ark. Code Ann. § 16-19-401 | Jurisdiction in Townships Having a Municipal Court |
a) Justices of the peace in the townships subject to this act shall have original jurisdiction coextensive with the county.(b) The jurisdiction of justices of the peace shall be:(1) Concurrent with the municipal courts and exclusive of the circuit court in all matters of contract where the amount in controversy does not exceed the sum of one hundred dollars ($100), excluding interest;(2) Concurrent with the municipal courts and with the circuit court in matters of contract where the amount in controversy does not exceed the sum of three hundred dollars ($300), exclusive of interest;(3) Concurrent with the municipal courts and with the circuit court in suits for the recovery of personal property where the value of the property does not exceed the sum of three hundred dollars ($300);(4) Concurrent with the municipal courts and with the circuit court in all matters of damage to personal property where the amount in controversy does not exceed the sum of one hundred dollars ($100).(c) Justices of the peace in townships subject to this act shall also have jurisdiction to sit as examining courts and commit, discharge, or recognize offenders to the court having jurisdiction for further trial, and to bind persons to keep the peace or for good behavior, and for purposes set out in this section they shall have power to issue all necessary process.
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Justice of the Peace Court | Jurisdiction of the courts |
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Arkansas | Ark. Code Ann. § 16-98-303(a)(1)-(3) | Drug Courts Program Authorized |
(a)(1) Each judicial district of this state is authorized to establish a drug court program under this subchapter.(2) A drug court established under this subchapter shall be approved under § 16-10-139.(3)(A) A drug court program may be preadjudication or postadjudication for an adult offender or a juvenile offender.
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Drug Courts | Creation of the courts |
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Arkansas | A.C.A. § 3-2-301 | Circuit Judges -- Appointment of Temporary Officers and Special Prosecutors |
(a) The circuit judges of this state are declared to be primarily responsible for the enforcement of laws against the unlawful manufacture and sale of intoxicating liquors. (b) (1) Circuit judges are given authority to appoint an officer of the court in lieu of the sheriff to act temporarily and in cases specially designated in the enforcing of any of the laws when the circuit judge becomes convinced that the sheriff is for any cause neglecting his or her duties under the law imposed upon him or her. (2) The compensation and expenses of such temporary officer shall be fixed by the judge making the appointment and shall be ordered paid by the judge out of an appropriation hereafter made. A certified copy of the judgment of the court fixing the compensation and expenses shall be sufficient authority for the Auditor of State to draw a voucher in payment of the compensation and expenses and of the Treasurer of State to pay a warrant when presented. The voucher shall be preaudited as other claims against the state. (c) (1) Whenever the circuit judge becomes convinced that any prosecuting attorney is not performing his or her full duty with respect to the enforcement of the laws against the unlawful manufacture or sale of intoxicating liquors, he or she shall have authority to appoint a special prosecutor who shall be an attorney learned in the law and with at least ten (10) years' experience in the actual practice of law. (2) The special prosecutor shall proceed to investigate and prosecute such cases as may be called to his or her attention by the circuit judge. (3) The compensation and expenses of the special prosecutor shall be fixed by the circuit court and paid out of the fund hereafter appropriated. The order of the circuit judge fixing the compensation and expenses of the special prosecutor shall be sufficient authority upon which the Auditor of State may issue a voucher in payment thereof and of the Treasurer of State to pay a warrant when presented. The voucher shall be preaudited as other claims against the state. (d) The temporary appointees in place of the sheriffs and the special prosecutors shall have all of the powers and authorities designated by law in the persons whom they are appointed to succeed.
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Circuit Courts | Jurisdiction of the courts |
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Arkansas | A.C.A. § 16-13-710 | Automated Collection Procedures |
The Administrative Office of the Courts shall have the responsibility to assist circuit courts and district courts in the assessment and collection of fines and the management and reporting of fine revenue.
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State courts | |
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Idaho | Idaho Const. Art. V, § 9 | Original and Appellate Jurisdiction of Supreme Court |
The Supreme Court shall have jurisdiction to review, upon appeal, any decision of the district courts, or the judges thereof, any order of the public utilities commission, any order of the industrial accident board, and any plan proposed by the commission for reapportionment created pursuant to section 2, article III; the legislature may provide conditions of appeal, scope of appeal, and procedure on appeal from orders of the public utilities commission, of the industrial accident board. On appeal from orders of the industrial accident board the court shall be limited to a review of questions of law. The Supreme Court shall also have original jurisdiction to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all writs necessary or proper to the complete exercise of its appellate jurisdiction.
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Supreme Court | Jurisdiction of the courts |
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Idaho | Idaho Const. Art. V, § 11 | District Courts -- Judges and Terms |
The state shall be divided into five (5) judicial districts, for each of which a judge shall be chosen by the qualified electors thereof, whose term of office shall be four (4) years. And there shall be held a district court in each county, at least twice in each year, to continue for such time in each county as may be prescribed by law. But the legislature may reduce or increase the number of districts, district judges and district attorneys. This section shall not be construed to prevent the holding of special terms under such regulations as may be provided by law.
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District Courts | Creation of the courts |
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Idaho | Idaho Const. Art. V, § 14 | Special Courts in Cities and Towns |
The legislature may provide for the establishment of special courts for the trial of misdemeanors in incorporated cities and towns, where the same may be necessary. |
Municipal Courts | Creation of the courts, Jurisdiction of the courts |
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Idaho | Idaho Code § 1-2403 | Court of Appeals Established -- Administration and Supervision |
There is hereby created the Idaho court of appeals. The court of appeals shall be part of the judicial branch of government and shall be subject to administration and supervision by the supreme court of Idaho pursuant to article 5, section 2 of the Idaho constitution.
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Court of Appeals | Creation of the courts |
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Idaho | Idaho Code § 1-2406 | Jurisdiction -- Assignment and Revocation of Assignment of Cases -- Authority in Furtherance of Jurisdiction |
(1) Any provision of law to the contrary notwithstanding, the Idaho court of appeals shall have jurisdiction to hear and to decide all cases assigned to it by the Idaho supreme court; provided, that the supreme court shall not assign cases invoking the supreme courts original jurisdiction, nor appeals from imposition of sentences of capital punishment in criminal cases, nor appeals from the industrial commission, nor appeals from the public utilities commission. (2) In assigning cases to the Idaho court of appeals, the Idaho supreme court shall give due regard to the workload of each court, to the error review and correction functions of the court of appeals, and to the desirability of retaining for decision by the supreme court those cases in which there is substantial public interest or in which there are significant issues involving clarification or development of the law. (3) Upon motion of any party, or upon recommendation of the court of appeals, or upon its own motion, the supreme court may revoke assignment of a case to the court of appeals. In the event of such transfer or revocation of assignment, the case shall be heard and decided by the supreme court. (4) A judge of the court of appeals may be assigned cases in other courts from time to time by the chief justice of the supreme court of Idaho, and when so assigned shall have the same powers, duties and functions as a judge of the court to which he is assigned; provided, however, that no judge shall participate in the review by the supreme court or by the court of appeals of a case in which he participated while serving on the district court or court of appeals.
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Court of Appeals | Jurisdiction of the courts |
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Idaho | Idaho Code § 1-2201 | Magistrate Division of District Court -- Established |
Pursuant to the provisions of section 2 of article V of the Idaho Constitution there is hereby established in each county of the state of Idaho a magistrate division of the district court.
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Magistrates | Creation of the courts |
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Idaho | Idaho Code § 1-2208 | Assignment of Cases to Magistrates |
Subject to rules promulgated by the supreme court, the administrative judge in each judicial district or any district judge in the district designated by him may assign to magistrates, severally, or by designation of office, or by class or category of cases, or in specific instances the following matters: (1) Civil proceedings as follows: (a) When the amount of money or damages or the value of personal property claimed does not exceed five thousand dollars ($5,000): (i) Actions for the recovery of money only arising on contracts express or implied; actions for damages for injury to person, property or reputation or for taking or detaining personal property, or for fraud; (ii) Actions for rent and distress for rent; (iii) Actions for claim and delivery; (iv) Proceedings in attachment, garnishment, wage deductions for the benefit of creditors, trial or right of personal property and exemptions, and supplementary proceedings; (v) Actions arising under the laws for the incorporation of cities or counties or any ordinance passed in pursuance thereof; actions for the confiscation or abatement of nuisances and the seizure, condemnation and forfeiture of personal property; proceedings in respect of estrays and lost property; (vi) Actions to collect taxes. (b) Proceedings in forcible entry, forcible detainer, and unlawful detainer; and (c) Proceedings for the enforcement and foreclosure of common law and statutory liens of not to exceed five thousand dollars ($5,000) on real or personal property. (2) Proceedings in the probate of wills and administration of estates of decedents, minors and incompetents. (3) The following criminal and quasi-criminal proceedings: (a) Misdemeanor and quasi-criminal actions; (b) Proceedings to prevent the commission of crimes; (c) Proceedings pertaining to warrants for arrest or for searches and seizures; and (d) Proceedings for the preliminary examination to determine probable cause, commitment prior to trial or the release on bail of persons charged with criminal offenses. (4) Any juvenile proceedings except those within the scope of the provisions of section 1-2210, Idaho Code. (5) Proceedings under the Idaho traffic infractions act, chapter 15, title 49, Idaho Code.
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Administrative Judges | Jurisdiction of the courts |
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Idaho | Idaho Code § 1-2210 | Assignments Restricted to Magistrates Who are Attorneys |
(1) The supreme court by rule may specify additional categories of matters assignable to magistrates, except that the following matters may not be assigned to magistrates who are not attorneys: (a) Civil actions in which the amount of money or damages or the value of property claimed exceeds five thousand dollars ($5,000), except as otherwise authorized by this act; (b) Criminal proceedings in which the maximum authorized punishment exceeds the punishment authorized for misdemeanors; (c) All proceedings involving the custody of minors and all habeas corpus proceedings; (d) Proceedings for divorce, separate maintenance or annulment; and (e) Proceedings in quo warranto, or for injunction, prohibition, mandamus, ne exeat, or appointment of a receiver. (2) The supreme court may assign an attorney magistrate to temporary service on the supreme court, except an attorney magistrate may not be assigned to hear cases in which the attorney magistrate participated, nor may an attorney magistrate be assigned to hear cases which originated in his or her judicial district.
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Magistrates | Jurisdiction of the courts |
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Idaho | Idaho Code § 1-2301 | Small Claims Department -- Creation -- Scope of Claims -- Venue |
In every magistrate's division of the district court of this state, the district court may create and organize a "Small Claims Department of the Magistrate's Division," which shall have jurisdiction in cases for the recovery of money where the amount of each claim does not exceed five thousand dollars ($ 5,000), and in cases for the recovery of personal property where the value of the property does not exceed five thousand dollars ($ 5,000); provided however, that the small claims department shall not award punitive damages or damages for pain or suffering in any proceeding. Any action brought in a small claims department of the magistrate's division shall be brought in the magistrate's division in the county where the defendant resides or the county where the cause of action arose. A defendant may request a change of venue if an action is brought in an improper county.
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Small Claims Department | Creation of the courts, Jurisdiction of the courts |
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Idaho | Idaho Code § 20-505 | Jurisdiction |
Subject to the prior jurisdiction of the United States, the court shall have exclusive, original jurisdiction over any juvenile and over any adult who was a juvenile at the time of any act, omission or status, in the county in which the juvenile resides, or in the county in which the act, omission or status allegedly took place, in the following cases: (1) Where the act, omission or status occurs in the state of Idaho and is prohibited by federal, state, local or municipal law or ordinance by reason of minority only; (2) Where the act or omission occurs in the state of Idaho and is a violation of any federal, state, local or municipal law or ordinance which would be a crime if committed by an adult; (3) Concerning any juvenile where the juvenile comes under the purview of the interstate compact for juveniles as set forth in chapter 19, title 16, Idaho Code; (4) This chapter shall not apply to juvenile violators of beer, wine or other alcohol and tobacco laws; except that a juvenile violator under the age of eighteen (18) years at the time of the violation may, at the discretion of the court, be treated under the provisions of this chapter, provided that a juvenile taken into custody pursuant to section 20-516(1)(c), Idaho Code, for an alcohol age infraction under section 18-1502(e), Idaho Code, shall be treated within the provisions of this chapter; (5) This chapter shall not apply to the juvenile offenders who are transferred for criminal prosecution as an adult, as provided in this chapter; (6) This chapter shall not apply to juvenile violators of traffic, watercraft, fish and game, failure to obey a misdemeanor citation and criminal contempt laws; except that a juvenile violator under the age of eighteen (18) years at the time of such violation may, at the discretion of the court, be treated under the provisions of this chapter; (7) This chapter shall not apply to juvenile sex offenders who violate the provisions of section 18-8414, Idaho Code.
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District Courts | Jurisdiction of the courts |
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Idaho | Idaho Code § 16-1604 | Retention of Jurisdiction |
Jurisdiction obtained by the court under this chapter shall be retained until the child's eighteenth birthday, unless terminated prior thereto. Jurisdiction of the court shall not be terminated by an order of termination of parental rights if guardianship and/or custody of the child is placed with the department of health and welfare.
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District Courts | Jurisdiction of the courts |
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Idaho | Idaho Code § 16-1603 | Jurisdiction of the Courts |
(1) Except as otherwise provided herein, the court shall have exclusive original jurisdiction in all proceedings under this chapter concerning any child living or found within the state: (a) Who is neglected, abused or abandoned by his parents, guardian or other legal custodian, or who is homeless; or (b) Whose parents or other legal custodian fails to provide a stable home environment; (2) If the court has taken jurisdiction over a child under subsection (1) of this section, it may take jurisdiction over another child living or having custodial visitation in the same household without the filing of a separate petition if it finds all of the following: (a) The other child is living or is found within the state; (b) The other child has been exposed to or is at risk of being a victim of abuse, neglect or abandonment; (c) The other child is listed in the petition or amended petition; (d) The parents or legal guardians of the other child have notice as provided in section 16-1611, Idaho Code.
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District Courts | Jurisdiction of the courts |
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Idaho | Idaho Code § 20-507 | Retention of Jurisdiction |
Jurisdiction obtained by the court in the case of a juvenile offender shall be retained by it for the purposes of this act until he becomes twenty-one (21) years of age, unless terminated prior thereto. If a juvenile offender under the jurisdiction of the court and after attaining eighteen (18) years of age, is charged with a felony, he shall be treated as any other adult offender. If a person eighteen (18) years of age or older already under court jurisdiction is convicted of a felony, that conviction shall terminate the jurisdiction of the court, provided however, nothing herein contained shall prohibit any court from proceeding as provided in section 20-508(2), Idaho Code.
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District Courts | Jurisdiction of the courts |