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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.
14 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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Texas | Tex. Const. Art. 5 Sec. 1 | Judicial power; courts in which vested |
The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law.
The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto. |
State courts | Creation of the courts |
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Texas | Tex. Con. Art. 5 Sec. 19 | Justices of the peace; jurisdiction; appeals; ex officio notaries public; times and places of holding court |
Justice of the peace courts shall have original jurisdiction in criminal matters of misdemeanor cases punishable by fine only, exclusive jurisdiction in civil matters where the amount in controversy is two hundred dollars or less, and such other jurisdiction as may be provided by law. Justices of the peace shall be ex officio notaries public.
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Justice of the Peace Courts | Jurisdiction of the courts |
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Texas | Tex. Loc. Gov't Code §26.045 | Original Criminal Jurisdiction |
(a) Except as provided by Subsection (c), a county court has exclusive original jurisdiction of misdemeanors other than misdemeanors involving official misconduct and cases in which the highest fine that may be imposed is $500 or less.
(b) Except as provided by Subsection (c), a county court has jurisdiction in the forfeiture and final judgment of bonds and recognizances taken in criminal cases within the court's jurisdiction. (c) Except as provided by Subsections (d) and (f), a county court that is in a county with a criminal district court does not have any criminal jurisdiction. (d) A county court in a county with a population of 1.75 million or more has original jurisdiction over cases alleging a violation of Section 25.093, Education Code, or alleging truant conduct under Section 65.003(a), Family Code. (e) Subsections (c) and (d) do not affect the jurisdiction of a statutory county court. (f) A county court has concurrent jurisdiction with a municipal court in cases that arise in the municipality's extraterritorial jurisdiction and that arise under an ordinance of the municipality applicable to the extraterritorial jurisdiction under Section 216.902, Local Government Code. |
Constitutional county courts | Jurisdiction of the courts |
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Texas | Tex. Gov't. Code § 22.001. | Jurisdiction |
(a) The supreme court has appellate jurisdiction, except in criminal law matters, of an appealable order or judgment of the trial courts if the court determines that the appeal presents a question of law that is important to the jurisprudence of the state. The supreme court's jurisdiction does not include cases in which the jurisdiction of the court of appeals is made final by statute.
(b) A case over which the court has jurisdiction under Subsection (a) may be carried to the supreme court by petition for review. |
Supreme Court | Jurisdiction of the courts |
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Texas | Jurisdiction of District Court | Tex. Const. Art. 5 Sec. 8 |
District Court jurisdiction consists of exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in cases where exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other law on some other court, tribunal, or administrative body. District Court judges shall have the power to issue writs necessary to enforce their jurisdiction.
The District Court shall have appellate jurisdiction and general supervisory control over the County Commissioners Court, with such exceptions and under such regulations as may be prescribed by law. |
Distict Court | Jurisdiction of the courts |
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Texas | Tex. Gov't. Code § 29.003 | Jurisdiction |
(a) A municipal court, including a municipal court of record, shall have exclusive original jurisdiction within the municipality's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction in all criminal cases that:
(1) arise under: (A) the ordinances of the municipality; or (B) a resolution, rule, or order of a joint board operating an airport under Section 22.074, Transportation Code; and (2) are punishable by a fine not to exceed: (A) $2,000 in all cases arising under municipal ordinances or resolutions, rules, or orders of a joint board that govern fire safety, zoning, or public health and sanitation, other than the dumping of refuse; (B) $4,000 in cases arising under municipal ordinances that govern the dumping of refuse; or (C) $500 in all other cases arising under a municipal ordinance or a resolution, rule, or order of a joint board. (b) The municipal court has concurrent jurisdiction with the justice court of a precinct in which the municipality is located in all criminal cases arising under state law that arise within the municipality's territorial limits or property owned by the municipality located in the municipality's extraterritorial jurisdiction and that: (1) are punishable only by a fine, as defined in Subsection (c); or (2) arise under Chapter 106, Alcoholic Beverage Code, and do not include confinement as an authorized sanction. |
Municipal Court | Jurisdiction of the courts |
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Texas | Tex. Code Crim. Proc. Art. 4.01 | What Courts Have Criminal Jurisdiction |
The following courts have jurisdiction in criminal actions: appointed by the judges of the district courts of Bexar County, Dallas County, Tarrant County, or Travis County that give preference to criminal cases and the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County;
6. The county courts; 7. All county courts at law with criminal jurisdiction; 8. County criminal courts; 9. Justice courts; 10. Municipal courts; 11. The magistrates appointed by the judges of the district courts of Lubbock County; and 12. The magistrates appointed by the El Paso Council of Judges. |
Courts generally | Jurisdiction of the courts |