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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.
45 Results
| State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Delaware | Del. Const. Art. IV, § 28 | Criminal Jurisdiction of Inferior Courts and Justices of the Peace; Regulation of Jurisdiction; Indictment; Jury Trial; Appeals |
The General Assembly may by law give to any inferior courts by it established or to be established, or to one or more justices of the peace, jurisdiction of the criminal matters following, that is to say--assaults and batteries, carrying concealed a deadly weapon, disturbing meetings held for the purpose of religious worship, nuisances, and such other misdemeanors as the General Assembly may from time to time, with the concurrence of two-thirds of all the Members elected to each House, prescribe. The General Assembly may by law regulate this jurisdiction, and provide that the proceedings shall be with or without indictment by grand jury, or trial by petit jury, and may grant or deny the privilege of appeal to the Superior Court; provided, however, that there shall be an appeal to the Superior Court in all cases in which the sentence shall be imprisonment exceeding one (1) month, or a fine exceeding One Hundred Dollars ($100.00).
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Lower state courts | Jurisdiction of the courts |
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Delaware | 10 Del. C. § 9301 | Civil Jurisdiction; Amount in Controversy |
Unless otherwise specified by law, the Justice of the Peace Court shall have civil jurisdiction over the following: (1) Common-law actions in contract, express or implied, and common-law actions in tort for damage, destruction or taking of personal property (including replevin), for injury to real property, and for trespass on the land. Jurisdiction over such actions shall be limited to actions in which the matter in demand, damage claimed, or the value of the property whose return is sought does not exceed $15,000. A penalty in any contract exceeding that sum shall not exclude it from this jurisdiction if the sum actually due thereon is within it. The interest also due on any cause of action within this jurisdiction may be added, although the judgment, with interest so added, exceeds $15,000. (2) Actions for any penalty or forfeiture incurred under the provisions of any statute, bylaw or ordinance authorized by statute when the matter in demand does not exceed $15,000. The interest also due on any such cause of action may be added, although the judgment, with interest so added, exceeds $15,000. (3) Summary possession actions as provided in Chapter 57 of Title 25. (4) Distress for rent actions as provided in Chapter 63 of Title 25. (5) Truancy actions as provided in Chapter 27 of Title 14. Except as otherwise provided in Chapter 27 of Title 14, the Justice of the Peace Court shall have original exclusive jurisdiction of such actions. (6) Any other civil jurisdiction provided by law.
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Justice of the Peace Court | Jurisdiction of the courts |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 1-301; Md. Code Ann., Cts. & Jud. Proc. § 12-307 | Court of Appeals - jurisdiction |
The Court of Appeals has: (1) Jurisdiction to review a case or proceeding pending in or decided by the Court of Special Appeals in accordance with Subtitle 2 of this + See moretitle; (2) Jurisdiction to review a case or proceeding decided by a circuit court, in accordance with § 12-305 of this subtitle; and (3) Exclusive appellate jurisdiction with respect to a question of law certified to it under the Uniform Certification of Questions of Law Act.
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Maryland Court of Appeals | Jurisdiction of the courts |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 1-401; Md. Code Ann., Cts. & Jud. Proc. § 12-307 | Court of Special Appeals - jurisdiction |
Except as provided in § 12-307 of this subtitle, the Court of Special Appeals has exclusive initial appellate jurisdiction over any reviewable judgment, decree, order or other action of a + See morecircuit court, and an orphans' court.
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Maryland Court of Special Appeals | Jurisdiction of the courts |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 1-501 | Circuit Courts - jurisdiction |
The circuit courts are the highest common-law and equity courts of record exercising original jurisdiction within the State. Each has full common-law and equity powers and jurisdiction in all civil + See moreand criminal cases within its county, and all the additional powers and jurisdiction conferred by the Constitution and by law, except where by law jurisdiction has been limited or conferred exclusively upon another tribunal.
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Maryland Circuit Courts | Jurisdiction of the courts |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 4-201 | District Courts - jurisdiction |
The jurisdiction of the District Court extends to every case which arises within the State or is subject to the State's judicial power, and which is within the limitations imposed + See moreby this title or elsewhere by law. Exercise of this jurisdiction is subject to the restrictions of venue established by law.
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District Courts | Jurisdiction of the courts |
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Maryland | Md. Code Ann., Est. & Trusts § 2-102 (West) | Orphans' Court - jurisdiction |
The court may conduct judicial probate, direct the conduct of a personal representative, and pass orders which may be required in the course of the administration of an estate of + See morea decedent. It may summon witnesses. The court may not, under pretext of incidental power or constructive authority, exercise any jurisdiction not expressly conferred. The court may conduct judicial probate, direct the conduct of a personal representative, and pass orders which may be required in the course of the administration of an estate of a decedent. It may summon witnesses. The court may not, under pretext of incidental power or constructive authority, exercise any jurisdiction not expressly conferred.
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Orphans' Court | Jurisdiction of the courts |
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Maryland | Md. Const. art. IV, §§ 1, 14 | Court of Appeals - creation of courts |
The Judicial power of this State is vested in a Court of Appeals, such intermediate courts of appeal as the General Assembly may create by law, Circuit Courts, Orphans' Courts, + See moreand a District Court. These Courts shall be Courts of Record, and each shall have a seal to be used in the authentication of all process issuing from it..
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Maryland Court of Appeals | Creation of the courts |
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Maryland | Md. Const. art. IV, §§ 1, 15 | Special Appeals - creation of courts |
The Judicial power of this State is vested in a Court of Appeals, such intermediate courts of appeal as the General Assembly may create by law, Circuit Courts, Orphans' Courts, + See moreand a District Court. These Courts shall be Courts of Record, and each shall have a seal to be used in the authentication of all process issuing from it..
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Maryland Court of Special Appeals | Creation of the courts |
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Maryland | Md. Const. art. IV, §§ 1, 16 | Circuit Courts - creation of courts |
The Judicial power of this State is vested in a Court of Appeals, such intermediate courts of appeal as the General Assembly may create by law, Circuit Courts, Orphans' Courts, + See moreand a District Court. These Courts shall be Courts of Record, and each shall have a seal to be used in the authentication of all process issuing from it..
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Maryland Circuit Courts | Creation of the courts |
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Maryland | Md. Const. art. IV, §§ 1, 17 | District Courts - creation of courts |
The Judicial power of this State is vested in a Court of Appeals, such intermediate courts of appeal as the General Assembly may create by law, Circuit Courts, Orphans' Courts, + See moreand a District Court. These Courts shall be Courts of Record, and each shall have a seal to be used in the authentication of all process issuing from it..
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District Courts | Creation of the courts |
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Maryland | Md. Const. art. IV, §§ 1, 18 | Orphans' Court - creation of courts |
The Judicial power of this State is vested in a Court of Appeals, such intermediate courts of appeal as the General Assembly may create by law, Circuit Courts, Orphans' Courts, + See moreand a District Court. These Courts shall be Courts of Record, and each shall have a seal to be used in the authentication of all process issuing from it..
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Orphans' Court | Creation of the courts |
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South Dakota | S.D. Const. art. V, § 2 | Supreme Court |
The Supreme Court is the highest court of the state. It consists of a chief justice and four associate justices. Upon request by the Supreme Court the Legislature may increase the number of justices to seven. All justices shall be selected from compact districts established by the Legislature, and each district shall have one justice.
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Supreme Court | Creation of the courts |
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South Dakota | S.D. Const. art. V, § 3 | Circuit courts |
The circuit courts consist of such number of circuits and judges as the Supreme Court determines by rule. |
Circuit Courts | Creation of the courts |
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South Dakota | S.D. Const. art. V, § 4 | Courts of limited jurisdiction |
Courts of limited jurisdiction consist of all courts created by the Legislature having limited original jurisdiction. |
Courts of limited jurisdiction | Creation of the courts, Jurisdiction of the courts |
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South Dakota | S.D. Const. art. V, § 5 | Jurisdiction of the courts |
The circuit courts have original jurisdiction in all cases except as to any limited original jurisdiction granted to other courts by the Legislature. The circuit courts and judges thereof have the power to issue, hear and determine all original and remedial writs. The circuit courts have such appellate jurisdiction as may be provided by law.
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Circuit Courts | Jurisdiction of the courts |
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South Dakota | S.D. Const. art. V, § 5 | Jurisdiction of the courts |
The Supreme Court shall have such appellate jurisdiction as may be provided by the Legislature, and the Supreme Court or any justice thereof may issue any original or remedial writ which shall then be heard and determined by that court. The Governor has authority to require opinions of the Supreme Court upon important questions of law involved in the exercise of his executive power and upon solemn occasions.
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Supreme Court | Jurisdiction of the courts |
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South Dakota | S.D. Codified Laws § 16-12A-2.2 | Pursuant to the provisions of S.D. Const., Art. V, § 4, there is hereby established within each judicial circuit a magistrate court |
Pursuant to the provisions of S.D. Const., Art. V, § 4, there is hereby established within each judicial circuit a magistrate court. |
Magistrat Courts | Creation of the courts |
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South Dakota | S.D. Codified Laws § 216-6-12 | Original criminal jurisdiction of circuit court |
The circuit court has exclusive original jurisdiction to try and determine all cases of felony, and original jurisdiction concurrent with courts of limited jurisdiction as provided by law to try and determine all cases of misdemeanor and actions or proceedings for violation of any ordinance, bylaw, or other police regulation of political subdivisions.
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Circuit Court | Jurisdiction of the courts |
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South Dakota | S.D. Codified Laws § 216-12B-11 | Jurisdiction--Trial of minor criminal cases |
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine all cases of misdemeanor and actions or proceedings for violation of any ordinance, bylaw, or other police regulation of a political subdivision.
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Magistrate Court | Jurisdiction of the courts |