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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.
29 Results
| State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Connecticut | Conn. Gen. Stat. § 51-199 | Supreme Court Jurisdiction |
(a) The Supreme Court shall have final and conclusive jurisdiction of all matters brought before it according to law, and may carry into execution all its judgments and decrees and + See moreinstitute rules of practice and procedure as to matters before it.(b) The following matters shall be taken directly to the Supreme Court: (1) Any matter brought pursuant to the original jurisdiction of the Supreme Court under section 2 of article sixteen of the amendments to the Constitution; (2) an appeal in any matter where the Superior Court declares invalid a state statute or a provision of the state Constitution; (3) an appeal in any criminal action involving a conviction for a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, class A felony or any other felony, including any persistent offender status, for which the maximum sentence which may be imposed exceeds twenty years; (4) review of a sentence of death pursuant to section 53a-46b; (5) any election or primary dispute brought to the Supreme Court pursuant to section 9-323 or 9-325; (6) an appeal of any reprimand or censure of a probate judge pursuant to section 45a-65; (7) any matter regarding judicial removal or suspension pursuant to section 51-51j; (8) an appeal of any decision of the Judicial Review Council pursuant to section 51-51r; (9) any matter brought to the Supreme Court pursuant to section 52-265a; (10) writs of error; and (11) any other matter as provided by law.
(c) The Supreme Court may transfer to itself a cause in the Appellate Court. Except for any matter brought pursuant to its original jurisdiction under section 2 of article sixteen of the amendments to the Constitution, the Supreme Court may transfer a cause or class of causes from itself, including any cause or class of causes pending on July 1, 1983, to the Appellate Court. The court to which a cause is transferred has jurisdiction.
(d) The Supreme Court may issue all writs necessary or appropriate in aid of its jurisdiction and agreeable to the usages and principles of law.
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Supreme Court | Jurisdiction of the courts |
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Connecticut | Conn. Gen. Stat. § 51-197a. | Appellate Court Jurisdiction |
Appeals to Appellate Court. Writs. Transfer of jurisdiction from appellate session. (a) Appeals from final judgments or actions of the Superior Court shall be taken to the Appellate Court in + See moreaccordance with section 51-197c, except for small claims, which are not appealable, appeals within the jurisdiction of the Supreme Court as provided for in section 51-199, appeals as provided for in sections 8-8 and 8-9, and except as otherwise provided by statute.(b) The Appellate Court may issue all writs necessary or appropriate in aid of its jurisdiction and agreeable to the usages and principles of law.
(c) All matters pending in the appellate session of the Superior Court on July 1, 1983, shall be construed as pending with the same status in the Appellate Court on said date.
(d) Notwithstanding subsection (c) of this section, the appellate session of the Superior Court shall continue to have jurisdiction over appeals which it heard prior to July 1, 1983, pursuant to the provisions which were applicable at such time.
(e) Except as otherwise provided in sections 2-40, 2-42, 7-143, 7-230, 8-8, 8-9, 8-132, 8-132a, 10-153e, 12-4, 13a-76, 31-63, 31-109, 31-118, 31-249b, 31-272, 31-301b, 31-301c, 31-324, 31-491, 31-493, 38a-470, 46a-94, 46a-95, 46b-142, 46b-143, 46b-150c, 51-1a, 51-14, 51-49, 51-50j, 51-164x, 51-165, 51-197a, 51-197b, 51-197c, 51-197e, 51-197f, 51-199, 51-201, 51-202, 51-203, 51-209, 51-210, 51-211, 51-213, 51-215a, 51-216a, 52-235, 52-257, 52-259, 52-263, 52-267, 52-405, 52-434, 52-434a, 52-470, 52-476, 52-477, 52-592, 54-63g, 54-95, 54-96, 54-96a, 54-96b and 54-143, all jurisdiction conferred upon and exercised by the appellate session prior to July 1, 1983, of the Superior Court shall be transferred to the Appellate Court.
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Appellate Court | Jurisdiction of the courts |
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Connecticut | Conn. Gen. Stat. § 51-164s | Superior Court Jurisdiction |
The Superior Court shall be the sole court of original jurisdiction for all causes of action, except such actions over which the courts of probate have original jurisdiction, as provided + See moreby statute.
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Superior Court | Jurisdiction of the courts |
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Connecticut | Conn. Const., art. V, § 1 | Creation of lower courts |
The judicial power of the state shall be vested in a supreme court, a superior court, and such lower courts as the general assembly shall, from time to time, ordain + See moreand establish. The powers and jurisdiction of these courts shall be defined by law.
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Lower courts | Creation of the courts |
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Connecticut | Conn. Gen. Stat. § 45a-98 | Probate Court Jurisdiction |
(a) Probate Courts in their respective districts shall have the power to (1) grant administration of intestate estates of persons who have died domiciled in their districts and of intestate estates of persons not domiciled in this state which may be granted as provided by section 45a-303; (2) admit wills to probate of persons who have died domiciled in their districts or of nondomiciliaries whose wills may be proved in their districts as provided in section 45a-287; (3) except as provided in section 45a-98a or as limited by an applicable statute of limitations, determine title or rights of possession and use in and to any real, tangible or intangible property that constitutes, or may constitute, all or part of any trust, any decedent’s estate, or any estate under control of a guardian or conservator, which trust or estate is otherwise subject to the jurisdiction of the Probate Court, including the rights and obligations of any beneficiary of the trust or estate and including the rights and obligations of any joint tenant with respect to survivorship property; (4) except as provided in section 45a-98a, construe the meaning and effect of (A) any will or trust agreement if a construction is required in connection with the administration or distribution of a trust or estate otherwise subject to the jurisdiction of the Probate Court; (B) an inter vivos trust upon a petition that meets the requirements for a petition for an accounting pursuant to subsection (b) or (c) of section 45a-175, provided such an accounting need not be required; or (C) a power of attorney pursuant to section 1-350o; (5) except as provided in section 45a-98a, apply the doctrine of cy pres or approximation; (6) to the extent provided for in section 45a-175, call executors, administrators, trustees, guardians, conservators, and agents acting under powers of attorney created in accordance with sections 1-350 to 1-353b, inclusive, to account concerning the estates entrusted to their charge or for other relief as provided in sections 1-250 to 1-353b, inclusive; and (7) make any lawful orders or decrees to carry into effect the power and jurisdiction conferred upon them by the laws of this state.
(b) The jurisdiction of courts of probate to determine title or rights or to construe instruments or to apply the doctrine of cy pres or approximation pursuant to subsection (a) of this section is concurrent with the jurisdiction of the Superior Court and does not affect the power of the Superior Court as a court of general jurisdiction. |
Probate Court | Jurisdiction 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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West Virginia | W. Va. Const. art. VIII, § 2 | Supreme court of appeals |
The supreme court of appeals shall consist of five justices. A majority of the justices of the court shall constitute a quorum for the transaction of business. The justices shall be elected by the voters of the State for a term of twelve years, unless sooner removed or retired as authorized in this article. The legislature may prescribe by law whether the election of such justices is to be on a partisan or nonpartisan basis.
Provision shall be made by rules of the supreme court of appeals for the selection of a member of the court to serve as chief justice thereof. If the chief justice is temporarily disqualified or unable to serve, one of the justices of the court designated in accordance with the rules of the court shall serve temporarily in his stead. When any justice is temporarily disqualified or unable to serve, the chief justice may assign a judge of a circuit court or of an intermediate appellate court to serve from time to time in his stead. |
Supreme court of appeals | Creation of the courts |
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West Virginia | W. Va. Const. art. VIII, § 1 | Judicial power |
The judicial power of the State shall be vested solely in a supreme court of appeals and in the circuit courts, and in such intermediate appellate courts and magistrate courts as shall be hereafter established by the legislature, and in the justices, judges and magistrates of such courts.
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State Court | Creation of the courts |
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West Virginia | W. Va. Const. art. VIII, § 3 | Supreme court of appeals; Jurisdiction and powers; officers and employees; terms. |
The supreme court of appeals shall have original jurisdiction of proceedings in habeas corpus, mandamus, prohibition and certiorari. The court shall have appellate jurisdiction in civil cases at law where the matter in controversy, exclusive of interest and costs, is of greater value or amount than three hundred dollars unless such value or amount is increased by the legislature; in civil cases in equity; in controversies concerning the title or boundaries of land; in proceedings in quo warranto, habeas corpus, mandamus, prohibition and certiorari; and in cases involving personal freedom or the constitutionality of a law. It shall have appellate jurisdiction in criminal cases, where there has been a conviction for a felony or misdemeanor in a circuit court, and such appellate jurisdiction as may be conferred upon it by law where there has been such a conviction in any other court. In criminal proceedings relating to the public revenue, the right of appeal shall belong to the State as well as to the defendant. It shall have such other appellate jurisdiction, in both civil and criminal cases, as may be prescribed by law.
The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the State relating to writs, warrants, process, practice and procedure, which shall have the force and effect of law. The court shall have general supervisory control over all intermediate appellate courts, circuit courts and magistrate courts. The chief justice shall be the administrative head of all the courts. He may assign a judge from one intermediate appellate court to another, from one circuit court to another, or from one magistrate court to another, for temporary service. The court shall appoint an administrative director to serve at its pleasure at a salary to be fixed by the court. The administrative director shall, under the direction of the chief justice, prepare and submit a budget for the court. |
Supreme court of appeals | Jurisdiction of the courts |