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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.
24 Results
| State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Alabama | Ala.Code 1975 § 12-2-7 | Supreme court - jurisdiction |
(1) To exercise appellate jurisdiction coextensive with the state, under such restrictions and regulations as are prescribed by law; but, in deciding appeals, no weight shall be given the decision + See moreof the trial judge upon the facts where the evidence is not taken orally before the judge, but in such cases the Supreme Court shall weigh the evidence and give judgment as it deems just.(2) To exercise original jurisdiction in the issue and determination of writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction.
(3) To issue writs of injunction, habeas corpus, and such other remedial and original writs as are necessary to give to it a general superintendence and control of courts of inferior jurisdiction.
(4) To make and promulgate rules governing the administration of all courts and rules governing practice and procedure in all courts; provided, that such rules shall not abridge, enlarge, or modify the substantive right of any party nor affect the jurisdiction of circuit and district courts or venue of actions therein; and provided further, that the right of trial by jury as at common law and declared by Section 11 of the Constitution of Alabama of 1901 shall be preserved to the parties inviolate.
(5) To punish for contempts by the infliction of a fine not exceeding $100, and imprisonment not exceeding 10 days or both.
(6) To transfer to the Court of Civil Appeals, for determination by that court, any civil case appealed to the Supreme Court and within the appellate jurisdiction of the Supreme Court, except the following:
a. A case that the Supreme Court determines presents a substantial question of federal or state constitutional law.
b. A case that the Supreme Court determines involves a novel legal question, the resolution of which will have significant statewide impact.
c. A utility rate case appealed directly to the Supreme Court under the provisions of Section 37-1-140.
d. A bond validation proceeding appealed to the Supreme Court under the provisions of Section 6-6-754.
e. A bar disciplinary proceeding.
(7) To exercise such other powers as are or may be given to the Supreme Court by law.
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Supreme Court | Jurisdiction of the courts |
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Alabama | Ala.Code 1975 § 12-11-30 | Circuit court - jurisdiction |
(1) CIVIL. The circuit court shall have exclusive original jurisdiction of all civil actions in which the matter in controversy exceeds ten thousand dollars ($10,000), exclusive of interest and costs, + See moreand shall exercise original jurisdiction concurrent with the district court in all civil actions in which the matter in controversy exceeds six thousand dollars ($6,000), exclusive of interest and costs.(2) CRIMINAL. The circuit court shall have exclusive original jurisdiction of all felony prosecutions and of misdemeanor or ordinance violations which are lesser included offenses within a felony charge or which arise from the same incident as a felony charge; except, that the district court shall have concurrent jurisdiction with the circuit court to receive pleas of guilty in felony cases not punishable by sentence of death. The circuit court may, on conviction of a defendant, upon a showing of inability to make immediate payment of fine and costs, continue the case from time to time to permit the fine and costs to be paid.
(3) APPELLATE. The circuit court shall have appellate jurisdiction of civil, criminal, and juvenile cases in district court and prosecutions for ordinance violations in municipal courts, except in cases in which direct appeal to the Courts of Civil or Criminal Appeals is provided by law or rule. Appeals to the circuit court shall be tried de novo, with or without a jury, as provided by law.
(4) SUPERINTENDENCE OF DISTRICT, MUNICIPAL AND PROBATE COURTS. The circuit court shall exercise a general superintendence over all district courts, municipal courts, and probate courts.
(5) CONTEMPTS. The circuit court may punish contempts by fines not exceeding one hundred dollars ($100) and by imprisonment not exceeding five days. The power of the circuit court to enforce its orders and judgments by determinations of civil contempt shall be unaffected by this section.
(6) GENERAL. The circuit court shall have other powers as provided by law.
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Circuit Court | Jurisdiction of the courts |
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Alabama | Ala.Code 1975 § 12-12-34 | Juvenile jurisdiction | Juvenile jurisdiction shall be exercised concurrently by the district court and the circuit court as provided by law. | District/Circuit Court | Jurisdiction of the courts |
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Alabama | Ala.Code 1975 § 12-12-51 | District court - jurisdiction over misdemeanor prosecution for traffic violations | The district court shall have exclusive original jurisdiction of misdemeanor prosecutions for traffic infractions, except ordinance infractions prosecuted in municipal courts. | District Court | Jurisdiction of the courts |
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Alabama | Ala.Code 1975 § 12-3-9 | Criminal jurisdiction |
The Court of Criminal Appeals shall have exclusive appellate jurisdiction of all misdemeanors, including the violation of town and city ordinances, habeas corpus and all felonies, including all post conviction writs in criminal cases.
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Court of Criminal Appeals | Jurisdiction of the courts |
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Alabama | Ala.Code 1975 § 12-12-32 | Misdemeanors (District court - jurisdiction) |
(a) Misdemeanors. The district court shall have exclusive original trial jurisdiction over prosecutions of all offenses defined by law or ordinance as misdemeanors, except:(1) Prosecutions by municipalities having municipal courts; (2) Any such prosecution which also involves a felony offense which is within the exclusive jurisdiction of the circuit court, except as the district court is empowered to hold preliminary hearings with respect to felonies and to receive guilty pleas as provided in subsection (b) of this section; and (3) Any misdemeanor for which an indictment has been returned by a grand jury. (b) Felonies. (1) The district court may exercise original jurisdiction concurrent with the circuit court to receive pleas of guilty in prosecutions of offenses defined by law as felonies not punishable by sentence of death. (2) The district court shall have jurisdiction to hold preliminary hearings in prosecutions for felonies as provided for in Title 15 of this code .
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District Court | Jurisdiction of the courts |
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Alabama | Ala.Code 1975 § 12-23A-4(a)(1) | Drug court - establishment of |
The presiding judge of each judicial circuit, with the consent of the district attorney of that judicial circuit, may establish a drug court or courts, under which drug offenders shall be processed, to appropriately address the identified substance abuse problem of the drug offender as a condition of pretrial release, pretrial diversion, probation, jail, prison, parole, community corrections, or other release or diversion from a correctional facility. The structure, method, and operation of each drug court may differ and should be based upon the specific needs of and resources available to the judicial district or circuit where the drug court is located, but shall be created and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama Supreme Court.
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Drug Court | Creation 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 |
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New Hampshire | N.H. Rev. Stat. § 502-A:11 | Criminal Cases; District Court |
Each district court shall have the powers of a justice of the peace and quorum throughout the state and shall have original jurisdiction, subject to appeal, of all crimes and offenses committed within the confines of the district in which such court is located which are punishable by a fine not exceeding $2,000 or imprisonment not exceeding one year, or both, including all violations of the provisions of RSA 266:16 and RSA 266:25 pertaining to vehicles exceeding permitted size or weight, regardless of whether the defendant is a natural person or any other person.
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District Court | Jurisdiction of the courts |
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New Hampshire | N.H. Rev. Stat. Ann. § 490:4 | Jurisdiction |
The supreme court shall have general superintendence of all courts of inferior jurisdiction to prevent and correct errors and abuses, including the authority to approve rules of court and prescribe and administer canons of ethics with respect to such courts, shall have exclusive authority to issue writs of error, and may issue writs of certiorari, prohibition, habeas corpus, and all other writs and processes to other courts, to corporations and to individuals, and shall do and perform all the duties reasonably requisite and necessary to be done by a court of final jurisdiction of questions of law and general superintendence of inferior courts.
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Supreme Court | Jurisdiction of the courts |
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New Hampshire | N.H. Rev. Stat. § 591-A:1 | Superior Court |
The superior court has jurisdiction of all criminal cases and proceedings; but it may dismiss a prosecution originally begun therein which is within the jurisdiction of a circuit court. |
Superior Court | Jurisdiction of the courts |
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New Hampshire | N.H. Rev. Stat. § 5912-B:1 | Jurisdiction |
The superior court shall have exclusive jurisdiction over felony complaints and misdemeanors and violation level charges that are directly related to those felonies. The superior court shall also have jurisdiction over de novo appeals of class A misdemeanors pursuant to RSA 599:1.
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Superior Court | Jurisdiction of the courts |
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New Hampshire | N.H. Rev. Stat. § 502-A:17-a | Transfers to Supreme Court |
In any criminal case or civil cause in any district court, questions of law may be transferred to the supreme court in the same manner as that from the superior court under RSA 491:17; provided that the district court justice hearing the case to be transferred shall, if either party requests it, file as a part of the transferred case his findings, in writing, stating the facts found and his rulings of law.
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Supreme Court | Jurisdiction of the courts |
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New Hampshire | N.H. Rev. Stat. § 591-A:2 | Appeals to Superior Court |
The superior court has jurisdiction of all appeals in criminal cases from district or municipal courts. |
Superior Court | Jurisdiction of the courts |
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Oklahoma | Okla. Stat. tit. 20, § 40 | Appellate Jurisdiction |
The Court of Criminal Appeals shall have exclusive appellate jurisdiction, coextensive with the limits of the state, in all criminal cases appealed from the district, superior and county courts, and + See moresuch other courts of record as may be established by law.
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Court of Criminal Appeals | Jurisdiction of the courts |