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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.
54 Results
| State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Missouri | Mo. Const. Art. 5, § 14 | Circuit courts--jurisdiction--sessions |
(a) The circuit courts shall have original jurisdiction over all cases and matters, civil and criminal. Such courts may issue and determine original remedial writs and shall sit at times and places within the circuit as determined by the circuit court.
(b) Procedures for the adjudication of small claims shall be as provided by law. |
Circuit courts | Jurisdiction of the courts |
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Missouri | Mo. Rev. Stat. § 477.060 | Territorial jurisdiction of the southern district court of appeals |
The jurisdiction of the southern district of the court of appeals shall be coextensive with the counties of Barry, Barton, Butler, Camden, Cedar, Carter, Christian, Dade, Dallas, Douglas, Greene, Howell, Hickory, Jasper, Laclede, Lawrence, McDonald, Newton, Ozark, Oregon, Polk, Pulaski, Phelps, Ripley, St. Clair, Shannon, Stone, Texas, Taney, Webster, Wright, Dent, Crawford, Maries, Reynolds, Iron, Wayne, Bollinger, Scott, Stoddard, Dunklin, Pemiscot, New Madrid and Mississippi.
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southern district court of appeals | Jurisdiction of the courts |
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Missouri | Mo. Rev. Stat. § 477.070 | Territorial jurisdiction of the western district court of appeals |
The jurisdiction of the western district of the court of appeals shall be coextensive with all the counties in the state except those embraced in the jurisdiction of the eastern and the southern districts of the court of appeals.
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western district court of apeals | Jurisdiction of the courts |
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Missouri | Mo. Rev. Stat. § 477.050 | Territorial jurisdiction of the eastern district court of appeals |
The jurisdiction of the eastern district of the court of appeals shall be coextensive with the counties of Monroe, Shelby, Knox, Scotland, Clark, Lewis, Marion, Ralls, Pike, Lincoln, Montgomery, Warren, St. Charles, St. Louis, Jefferson, Ste. Genevieve, Perry, Cape Girardeau, Madison, St. Francois, Washington, Franklin, Audrain, Gasconade, Osage and the city of St. Louis.
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Eastern district court of appeals | Jurisdiction of the courts |
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Missouri | Mo. Rev. Stat. § 478.070 | Jurisdiction of Circuit Courts |
The circuit courts shall have original jurisdiction over all cases and matters, civil and criminal. Such courts may issue and determine original remedial writs. |
Circuit courts | Jurisdiction of the courts |
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Missouri | Mo. Ann. Stat. § 476.010 | Courts of record |
The supreme court of the state of Missouri, the court of appeals, and the circuit courts shall be courts of record, and shall keep just and faithful records of their proceedings. Notwithstanding the foregoing, municipal divisions of the circuit courts shall not be considered courts of record, regardless of whether or not a verbatim record of proceedings before the division is kept.
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State courts generally | Creation of the courts |
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Missouri | Mo. Ann. Stat. § 478.001(2)-(3) | Treatment court divisions, definitions, establishment, purpose--referrals to certified treatment programs required, exception--completion of treatment program, effect--adult treatment court--DWI court--family treatment court--juvenile treatment court--vet |
2. A treatment court division may be established by any circuit court pursuant to sections 478.001 to 478.009 to provide an alternative for the judicial system to dispose of cases which stem from, or are otherwise impacted by, substance use. The treatment court division may include, but not be limited to, cases assigned to an adult treatment court, DWI court, family treatment court, juvenile treatment court, veterans treatment court, or any combination thereof. A treatment court shall combine judicial supervision, drug or alcohol testing, and treatment of participants. Except for good cause found by the court, a treatment court making a referral for substance use disorder treatment, when such program will receive state or federal funds in connection with such referral, shall refer the person only to a program which is certified by the department of mental health, unless no appropriate certified treatment program is located within the same county as the treatment court. Upon successful completion of the treatment court program, the charges, petition, or penalty against a treatment court participant may be dismissed, reduced, or modified, unless otherwise stated. Any fees received by a court from a defendant as payment for substance treatment programs shall not be considered court costs, charges or fines.
3. An adult treatment court may be established by any circuit court under sections 478.001 to 478.009 to provide an alternative for the judicial system to dispose of cases which stem from substance use. |
Drug treatment court | Creation of the courts |
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Missouri | Mo. Ann. Stat. § 478.073(1) | Circuit realignment plan authorized--judicial conference duties--effective date--minimum number of circuits--publication by the revisor |
As set forth in this section, the general assembly authorizes the judicial conference of the State of Missouri, as established pursuant to section 476.320, to alter the geographical boundaries and territorial jurisdiction of the judicial circuits by means of a circuit realignment plan as the administration of justice may require, subject to the requirements set forth in Article V of the Constitution of Missouri.
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Circuit courts | Creation of the courts |
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Missouri | Mo. Ann. Stat. § 479.010 | Violation of municipal ordinances, jurisdiction |
Violations of municipal ordinances shall be heard and determined only before divisions of the circuit court as hereinafter provided in this chapter. “Heard and determined”, for purposes of this chapter, shall mean any process under which the court in question retains the final authority to make factual determinations pertaining to allegations of a municipal ordinance violation, including, but not limited to, the use of a system of administrative adjudication as provided in section 479.011, preliminary to a determination by appeal to the court in question.
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Municipal courts | Jurisdiction of the courts |
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Missouri | Mo. Ann. Stat. § 478.07 | Jurisdiction of circuit courts |
The circuit courts shall have original jurisdiction over all cases and matters, civil and criminal. Such courts may issue and determine original remedial writs.4 |
Circuit Court | Jurisdiction of the courts |
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Missouri | Mo. Ann. Stat. §541.015 | Jurisdiction of associate circuit judges |
Associate circuit judges may hear and determine originally, with circuit judges, coextensive with their respective counties, all cases of misdemeanor and infractions as otherwise provided by law. |
Jurisdiction of the courts | |
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Missouri | Mo. Ann. Stat. § 541.02 | Jurisdiction of circuit courts |
Except as otherwise provided by law, the circuit courts shall have exclusive original jurisdiction in all cases of felony, misdemeanor and infractions. Except as otherwise provided by law, circuit judges may hear and determine originally all cases of felony, misdemeanor and infractions and may hear and determine upon a trial de novo cases of misdemeanor and infractions.
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Circuit Court | Jurisdiction of the courts |
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Tennessee | TN Const. Art. 6, § 1 | Enumeration of Courts |
"The judicial power of this State shall be vested in one Supreme Court and in such Circuit, Chancery and other inferior Courts as the Legislature shall from time to time, + See moreordain and establish; in the Judges thereof, and in Justices of the Peace. The Legislature may also vest such jurisdiction in Corporation Courts as may be deemed necessary. Courts to be holden by Justices of the Peace may also be established."
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All Courts | Creation of the courts |
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Tennessee | Tenn. Code Ann. § 16-1-101 | Vesting |
"The judicial power of the state is vested in judges of the courts of general sessions, recorders of certain towns and cities, circuit courts, criminal courts, common law and chancery + See morecourts, chancery courts, courts of appeals, and the supreme court, and other courts created by law."
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All Courts | Creation of the courts |
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Tennessee | Tenn. Code Ann. § 16-1-102 | Powers |
"Every court has the power to:(1) Enforce order in its immediate presence, or as near thereto as is necessary to prevent interruption, disturbance, or hindrance to its proceedings;
(2) Enforce order + See morebefore a person or body acting under its authority;
(3) Compel obedience to its judgments, orders, and process, and to the order of a judge out of court, in an action or proceeding in court;
(4) Control, in furtherance of justice, the conduct of its officers, and all other persons connected with a judicial proceeding before it, in every matter pertaining to the proceeding;
(5) Administer oaths whenever it may be necessary in the exercise of its powers and duties; and
(6) Control its process and orders."
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All Courts | Jurisdiction of the courts |
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Tennessee | Tenn. Code Ann. § 16-3-201 | Jurisdiction |
"(a) The jurisdiction of the court is appellate only, under restrictions and regulations that from time to time are prescribed by law; but it may possess other jurisdiction that is + See morenow conferred by law upon the present supreme court.(b) The court has no original jurisdiction, but appeals and writs of error, or other proceedings for the correction of errors, lie from the inferior courts and court of appeals, within each division, to the supreme court as provided by this code.
(c) The court also has jurisdiction over all interlocutory appeals arising out of matters over which the court has exclusive jurisdiction.
(d)(1) The supreme court may, upon the motion of any party, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed before any intermediate state appellate court.
(2) Subdivision (d)(1) applies only to cases of unusual public importance in which there is a special need for expedited decision and that involve:
(A) State taxes;
(B) The right to hold or retain public office; or
(C) Issues of constitutional law.
(3) The supreme court may, upon its own motion, when there is a compelling public interest, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed with an intermediate state appellate court.
(4) The supreme court may by order take actions necessary or appropriate to the exercise of the authority vested by this section.
(e) Appeals of actions under title 2, chapter 17 relative to election contests shall be to the court of appeals in accordance with the Tennessee rules of appellate procedure."
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Supreme Court | Jurisdiction of the courts |
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Tennessee | Tenn. Code Ann. § 16-4-108 | Jurisdiction |
"(a)(1) The jurisdiction of the court of appeals is appellate only, and extends to all civil cases except workers' compensation cases and appeals pursuant to § 37-10-304(g).(2) All cases within + See morethe jurisdiction conferred on the court of appeals shall, for purposes of review, be taken directly to the court of appeals in the division within which the case arose, the eastern division to include Hamilton County and the western division to include Shelby County. As to all other cases, the exclusive right of removal and review is in the supreme court. Any case removed by mistake to the wrong court shall by that court be transferred to the court having jurisdiction of the case, direct.
(b) The court of appeals also has appellate jurisdiction over civil or criminal contempt arising out of a civil matter."
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Court of Appeals | Jurisdiction of the courts |
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Tennessee | Tenn. Code Ann. § 16-5-108 | Jurisdiction |
"(a) The jurisdiction of the court of criminal appeals shall be appellate only, and shall extend to review of the final judgments of trial courts in:(1) Criminal cases, both felony + See moreand misdemeanor;
(2) Habeas corpus and Post-Conviction Procedure Act proceedings attacking the validity of a final judgment of conviction or the sentence in a criminal case, and other cases or proceedings instituted with reference to or arising out of a criminal case;
(3) Civil or criminal contempt arising out of a criminal matter; and
(4) Extradition cases.
(b) The court or any judge of the court shall also have jurisdiction to grant petitions for certiorari and supersedeas in proper cases within its jurisdiction as provided by law."
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Court of Criminal Appeals | Jurisdiction of the courts |
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Tennessee | Tenn. Code Ann. § 16-10-101; Tenn. Code Ann. § 16-10-102; Tenn. Code Ann. § 16-10-112 | General Jurisdiction |
"The circuit court is a court of general jurisdiction, and the judge of the circuit court shall administer right and justice according to law, in all cases where the jurisdiction + See moreis not conferred upon another tribunal."
The circuit court has exclusive original jurisdiction of all crimes and misdemeanors, either at common law or by statute, unless otherwise expressly provided by statute or this code.
The circuit court has an appellate jurisdiction of all suits and actions, of whatsoever nature, unless otherwise provided, instituted before any inferior jurisdiction, whether brought by appeal, certiorari, or in any other manner prescribed by law.
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Circuit Court | Jurisdiction of the courts |
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Tennessee | Tenn. Code Ann. § 16-11-102 | Concurrent Jurisdiction |
"(a) The chancery court has concurrent jurisdiction, with the circuit court, of all civil causes of action, triable in the circuit court, except for unliquidated damages for injuries to person + See moreor character, and except for unliquidated damages for injuries to property not resulting from a breach of oral or written contract; and no demurrer for want of jurisdiction of the cause of action shall be sustained in the chancery court, except in the cases excepted.(b) Any suit in the nature of the cases excepted in subsection (a) brought in the chancery court, where objection has not been taken by a plea to the jurisdiction, may be transferred to the circuit court of the county, or heard and determined by the chancery court upon the principles of a court of law."
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Chancery Court | Jurisdiction of the courts |