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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.
44 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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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 |
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Wyoming | Wyo. Const. Art. V, Sec. 2 | Supreme court generally; appellate jurisdiction |
The supreme court shall have general appellate jurisdiction, co-extensive with the state, in both civil and criminal causes, and shall have a general superintending control over all inferior courts, under such rules and regulations as may be prescribed by law.
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Supreme Court | Jurisdiction of the courts |
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Wyoming | Wyo. Const. Art. V, Sec. 10 | District courts generally; jurisdiction |
The district court shall have original jurisdiction of all causes both at law and in equity and in all criminal cases, of all matters of probate and insolvency and of such special cases and proceedings as are not otherwise provided for. The district court shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court; and said court shall have the power of naturalization and to issue papers therefor. They shall have such appellate jurisdiction in cases arising in justices' and other inferior courts in their respective counties as may be prescribed by law. Said courts and their judges shall have power to issue writs of mandamus, quo warranto, review, certiorari, prohibition, injunction and writs of habeas corpus, on petition by or on behalf of any person in actual custody in their respective districts.
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District Court | Jurisdiction of the courts |
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Wyoming | Wyo. Stat. Ann. § 5-3-101 | Judicial districts enumerated; terms of court |
(a) The state of Wyoming is divided into judicial districts as follows: (i) The county of Laramie is the first judicial district; (ii) The counties of Albany and Carbon are the second judicial district; (iii) The counties of Sweetwater, Lincoln and Uinta are the third judicial district;
(iv) The counties of Johnson and Sheridan are the fourth judicial district; (v) The counties of Big Horn, Hot Springs, Park and Washakie are the fifth judicial district; (vi) The counties of Campbell, Crook and Weston are the sixth judicial district; (vii) Natrona county is the seventh judicial district; (viii) The counties of Converse, Platte, Goshen and Niobrara are the eighth judicial district; (ix) The counties of Fremont, Teton and Sublette are the ninth judicial district. (b) Notwithstanding any other provision of law, there shall be one (1) continuous term of court for the district courts of the state. The continuous term of court shall in no way affect the power of a court to take action in any cause or matter. |
District Court | Jurisdiction of the courts |
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Wyoming | Wyo. Stat. Ann. § 5-6-101 | Created and established |
There is hereby created and established in each of the incorporated cities or towns in the state of Wyoming, whether incorporated or existing under a special charter or a general act, and whether now in existence or hereafter incorporated under the laws of the state, a municipal court for the trial of all offenses arising under ordinances of said incorporated city or town, as the case may be.
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Municipal court | Creation of the courts |
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Wyoming | Wyo. Stat. Ann. § 5-8-102 | Jurisdiction |
(a) The juvenile court has general jurisdiction in all matters and proceedings commenced therein or transferred to it by order of the district court concerning: (i) Any minor alleged to be delinquent as defined in W.S. 14 6 201; (ii) Any minor alleged to have committed a delinquent act before attaining the age of majority; (iii) Any minor alleged to be neglected as defined in W.S. 14-3-402; (iv) Any minor alleged to be in need of supervision as defined in W.S. 14 6 402; (v) The parents, guardian or custodian of any minor alleged to be delinquent, in need of supervision or neglected, and all persons living in the household with the minor; and (vi) Procedures governing abortions performed upon minors as provided under W.S. 35 6 118. For proceedings under this paragraph, "minor" shall mean as defined in W.S. 35 6 101(a)(x).
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Juvenile Court | Jurisdiction of the courts |
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Wyoming | Wyo. Stat. Ann. § 5-9-102 | Circuit court established; funding |
(a) Pursuant to the provisions of section 10 of article 5 of the Wyoming Constitution, a circuit court is hereby established for each judicial district of the state of Wyoming enumerated in W.S. 5 3 101, and the boundaries of each circuit court shall be the same as those of each judicial district enumerated therein. Except as otherwise provided in this act, each county within the circuit shall receive the services of the circuit court. (b) The judicial salaries, salaries of the clerical staff, supplies, operating costs, jury expenses and other expenses of the circuit court shall be paid by the state.
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Circuit Court | Creation of the courts |
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Wyoming | Wyo. Stat. Ann. § 7-13-1102 | Authority to establish programs; rulemaking authority |
(a) The department is authorized to adopt reasonable rules and regulations to establish an intensive supervision program for probationers and parolees. (b) An intensive supervision program established under this article may require: (i) Electronic monitoring, regimented daily schedules or itineraries, house arrest, telephone contact, drug testing, curfew checks or other supervision methods which facilitate contact with supervisory personnel; (ii) Community service work, family, educational or vocational counseling, treatment for substance abuse, mental health treatment and monitoring of restitution orders and fines previously imposed on the participant; and (iii) Imposition of supervision fees to be paid by participants.
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Department of Corrections | Jurisdiction of the courts |
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Wyoming | Wyo. Const. Art. V, § 3 | Supreme court generally; original jurisdiction |
The supreme court shall have original jurisdiction in quo warranto and mandamus as to all state officers, and in habeas corpus. The supreme court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari, and other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction. Each of the judges shall have power to issue writs of habeas corpus to any part of the state upon petition by or on behalf of a person held in actual custody, and may make such writs returnable before himself or before the supreme court, or before any district court of the state or any judge thereof.
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Supreme Court | Jurisdiction of the courts |
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Wyoming | Wyo. Const. Art. V, § 1 | How judicial power vested |
The judicial power of the state shall be vested in the senate, sitting as a court of impeachment, in a supreme court, district courts, and such subordinate courts as the legislature may, by general law, establish and ordain from time to time. (As amended by Laws 1965, Senate Joint Resolution No. 1, p. 518.)
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Judiciary | Creation of the courts |
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Minnesota | Minn. Const. Art. 6, § 2 | Judiciary; Supreme Court |
The supreme court consists of one chief judge and not less than six nor more than eight associate judges as the legislature may establish. It shall have original jurisdiction in such remedial cases as are prescribed by law, and appellate jurisdiction in all cases, but there shall be no trial by jury in the supreme court. The legislature may establish a court of appeals and provide by law for the number of its judges, who shall not be judges of any other court, and its organization and for the review of its decisions by the supreme court. The court of appeals shall have appellate jurisdiction over all courts, except the supreme court, and other appellate jurisdiction as prescribed by law. As provided by law judges of the court of appeals or of the district court may be assigned temporarily to act as judges of the supreme court upon its request and judges of the district court may be assigned temporarily by the supreme court to act as judges of the court of appeals. The supreme court shall appoint to serve at its pleasure a clerk, a reporter, a state law librarian and other necessary employees.
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Supreme Court | Creation of the courts, Jurisdiction of the courts |