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Encyclopedia > State court

In the U.S., a state court has jurisdiction over disputes which occur in a state. Cases are heard before and evidence is presented in a trial court, which usually located in a courthouse in the county seat. Motto: E pluribus unum (1789 to 1956) (Latin: Out of Many, One) In God We Trust (1956 to present) Anthem: The Star-Spangled Banner Capital Washington, D.C. Largest city New York, New York Official language(s) None at federal level; English de facto Government • President  â€¢ Vice President Federal republic... In law, jurisdiction refers to the aspect of a any unique legal authority as being localized within boundaries. ... A state of the United States (U.S. state) is any one of the fifty states, four of which officially favor the term commonwealth which, along with the District of Columbia, form the United States of America. ... The law of evidence governs the use of testimony (eg. ... A trial court or court of first instance is the court in which most civil or criminal cases begin. ... In most counties in the United States the local trial courts conduct their business in a centrally located courthouse which may also house the offices of the county treasurer, clerk and recorder and assessor. ... A county seat is an administrative center for a county. ...


If one of the litigants is unsatisfied with the decision of the lower court, the matter may be taken up on appeal (but an acquittal in a criminal trial may not be appealed by the state due to the Fifth Amendment protection against double jeopardy). An intermediate appellate court, often called the state court of appeals, will review the decision of the trial court. If still unsatisfied, the litigant can appeal to the highest appellate court in the state, which is usually called the state supreme court. Categories: Move to Wiktionary | Law stubs | Legal terms ... An appeal is the act or fact of challenging a judicially cognizable and binding judgment to a higher judicial authority. ... In criminal law, an acquittal is the legal result of a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict of guilty being entered against the accused. ... Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Double jeopardy (also called autrefois acquit meaning already acquitted) is a procedural defense (and, in many countries such as the United States, Canada and India, a constitutional right) that forbids a defendant from being tried a second time for a crime, after having already been tried for the same crime. ... It has been suggested that this article or section be merged into Appeal. ... In the United States, the state supreme court (known by other names in some states) is usually the highest state court in the state court system. ...

Contents


Relationship to federal courts

The relationship between state courts and federal courts is quite complicated. Although the federal Constitution and federal laws override state laws, it is not the case that state courts are subordinate to federal courts. Rather, they are more accurately analyzed as two sets of parallel courts with concurrent and often overlapping jurisdiction. With regard to an interpretation of a state law, all federal courts must defer to the interpretation of the state courts.


A case can be moved from a state court to a federal court only under certain conditions; typically, these "removed cases" involve disputes arising under federal law, or lawsuits between persons residing in different states. In either circumstance, the plaintiff can bring a matter either to state court or federal court; if the plaintiff files suit in state court, the defendant often can remove the case to federal court. Deciding on the jurisdiction is part of litigation strategy for both plaintiff and defendant.


The U.S. Supreme Court will sometimes accept an appeal from a state's highest appellate court, if the justices believe that the case involves an important question of constitutional law or federal law. The Supreme Court of the United States is the highest judicial body in the U.S.. As the highest court, it provides the leadership of the judicial branch of the U.S. federal government. ... Constitutional law is the study of foundational laws that govern the scope of powers and authority of various bodies in relation to the creation and execution of other laws by a government. ...


Another method of federal court review of state court judgments in criminal cases is the federal writ of habeas corpus, in which a federal court is asked to review whether a defendant has been given due process of law. If the federal court finds that the defendant has been denied due process then the defendant must be released or re-tried in the state court. Applications for habeas corpus review are most frequently made in death penalty cases, although the scope of review has been sharply restricted in recent years by Supreme Court decisions and legislation. For alternative meanings of habeas corpus, see habeas corpus (disambiguation). ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Capital punishment, also referred to as the death penalty, is the judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offense or a capital crime. ...


Courts of inferior jurisdiction

Many states have courts of inferior jurisdiction, presided over by (for example) a magistrate or justice of the peace who hears criminal arraignments and tries petty offenses and small civil cases. Larger cities often have city courts which hear traffic offenses and violations of city ordinances. Other courts of limited jurisdiction include alderman's courts, mayor's courts, recorder's courts, county courts, probate courts, municipal courts, courts of claims, courts of common pleas, family courts, small claims courts, tax courts, water courts (present in some western states such as Colorado and Montana), and workers' compensation courts. A magistrate is a judicial officer with limited authority to administer and enforce the law. ... A Justice of the Peace (JP) is someone appointed by means of a commission to keep the peace. ... Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. ... Civil law has at least three meanings. ... This article concerns rules of the road regarding land vehicles; for sea-going vehicles, see International Regulations for Preventing Collisions at Sea. ... Ordinance can mean: A law made by a non-sovereign body such as a city council or a colony. ... An alderman is a member of a municipal legislative body in a town or city with many jurisdictions. ... A mayor (from the Latin maīor, meaning larger,greater) is the politician who serves as chief executive official of some types of municipalities. ... Probate Court is a court found in some juridictions which is primarily concerned with the proper distribution of the assets of a decedent. ... A family court is a court convened in the UK to make orders in respect of childrens residence. ... Small claims courts are courts of limited jurisdiction that hear civil cases between private litigants. ... The United States Tax Court is a special court created by the U.S. Congress to adjudicate disputes over tax assessments. ... Workers compensation systems (workers comp or compo) exist to protect employees who have incurred work-related injuries. ...


All these courts are distinguished from courts of general jurisdiction, which are the default type of trial court that can hear any case which is not required to be first heard in a court of inferior jurisdiction. Most such cases are civil cases involving large sums of money or criminal trials arising from serious crimes like rape and murder.


A few states like California have unified all courts of general and inferior jurisdiction to make the judicial process more efficient.


Differences among the states

  • Delaware and Tennessee make a distinction between a "court of law" and a "court of equity" (chancery court). For the most part in the American legal system, while the distinction between law and equity has some legal consequences, separate court systems are not maintained.

This article is about concept of equity in Anglo-American jurisprudence. ... Official language(s) None, English de facto Capital Albany Largest city New York City Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 27th 141,205 km² 455 km 530 km 13. ... The Court of Appeals is New Yorks highest appellate court, created in 1847. ... New York County Supreme Court building at 60 Centre Street, from across Foley Square The Supreme Court of the State of New York is one of several New York State trial courts in which cases originate. ...

Nomenclature

The following table notes the names of the courts in the states and territories of the United States. Listed are the principal courts of first instance (general jurisdiction), the principal intermediate appellate courts, and the courts of final appeal or resort.


In some cases where courts are generally assigned to counties, the number of county-based courts does not exactly match the number of actual counties in the state. This happens when a single court has jurisdiction over more than one county.

State Court of First Instance
(General Jurisdiction)
Intermediate Appellate Court Court of Last Resort
Alabama (District) Circuit Court
(41 judicial districts)
Court of Civil Appeals
Court of Criminal Appeals
(-1969: single Court of Appeals)
Supreme Court
Alaska (District) Superior Court
(4 districts)
Court of Appeals Supreme Court
Arizona (County) Superior Court
(15 counties)
(Division) Court of Appeals (2 divisions) Supreme Court
Arkansas Circuit Court
(23 judicial circuits)
Court of Appeals Supreme Court
California (County) Superior Court
(58 counties)
(District) Court of Appeal
(6 appellate districts)
Supreme Court
Colorado District Court
(22 judicial districts)
Court of Appeals Supreme Court
Connecticut Superior Court
(12 or 13 judicial districts)
Appellate Court Supreme Court
(previously: Supreme Court of Errors)
Delaware Superior Court
(previously: Superior Court and Orphans' Court)
Court of Chancery
(none) Supreme Court
(previously: Court of Errors and Appeals)
District of Columbia Superior Court (none) Court of Appeals
(previously: Municipal Court of Appeals)
Florida Circuit Court
(20 judicial circuits)
District Court of Appeal
(5 districts)
Supreme Court
Georgia Superior Court
(49 judicial circuits)
Court of Appeals Supreme Court
Hawaii Circuit Court and Family Court
(4 circuits)
Intermediate Court of Appeals Supreme Court
Idaho District Court
(7 judicial districts)
Court of Appeals Supreme Court
Illinois Circuit Court
(22 judicial circuits)
(District) Appellate Court
(5 districts)
Supreme Court
Indiana Superior Court (177 divisions),
Circuit Court (90 circuits)
(District) Court of Appeals
(5 districts)
(previously: Appellate Court)
Supreme Court
Iowa District Court
(8 districts)
Court of Appeals Supreme Court
Kansas District Court
(31 districts)
Court of Appeals Supreme Court
Kentucky Circuit Court
(57 circuits)
Court of Appeals Supreme Court
(-1976: Court of Appeals)
Louisiana District Court
(40 districts)
(Circuit) Court of Appeal
(5 circuits)
Supreme Court
(-1813: Superior Court)
Maine Superior Court (none) Supreme Judicial Court
Maryland Circuit Court
(8 judicial circuits)
Court of Special Appeals Court of Appeals
Massachusetts Superior Court
(14 divisions)
Appeals Court Supreme Judicial Court
Michigan Circuit Court
(57 circuits)
Court of Claims
Court of Appeals Supreme Court
Minnesota District Court
(10 districts)
Court of Appeals Supreme Court
Mississippi District Circuit Court
(22 districts)
Court of Appeals Supreme Court
Missouri Circuit Court
(45 circuits)
(District) Court of Appeals
(3 districts)
Supreme Court
Montana District Court
(22 judicial districts)
(none) Supreme Court
Nebraska District Court
(12 districts)
Court of Appeals Supreme Court
Nevada District Court
(9 districts)
(none) Supreme Court
New Hampshire Superior Court (none) Supreme Court
New Jersey (Vicinage) Superior Court
(15 vicinages)
Superior Court, Appellate Division
(previously: Court of Chancery,
Supreme Court,
and Prerogative Court)
Supreme Court
(previously: Court of Errors and Appeals)
New Mexico District Court
(13 judicial districts)
Court of Appeals Supreme Court
New York (District) Supreme Court
(12 judicial districts)
County Court
(57 counties)
Supreme Court, Appellate Term
(3 judicial departments)
Supreme Court, Appellate Division
(4 departments)
Court of Appeals
(-1848: Court for the correction of Errors,
Supreme Court of Judicature,
and Court of Chancery)
North Carolina (District) Superior Court
(46 districts)
Court of Appeals Supreme Court
North Dakota District Court
(7 judicial districts)
(none) Supreme Court
Ohio (County) Court of Common Pleas
(88 counties)
(District) Court of Appeals
(12 districts)
Supreme Court
Oklahoma District Court
(26 judicial districts)
Court of Civil Appeals Supreme Court
Court of Criminal Appeals
(-1959: Criminal Court of Appeals)
Oregon (District) Circuit Court
(27 judicial districts)
Court of Appeals Supreme Court
Pennsylvania District Court of Common Pleas
(60 judicial districts)
(District) Superior Court
(3 districts)
Commonwealth Court
Supreme Court
Rhode Island Superior Court (none) Supreme Court
South Carolina Circuit Court
(16 circuits)
Court of Appeals Supreme Court
South Dakota Circuit Court
(7 circuits)
(none) Supreme Court
Tennessee (District) Circuit Court
(31 judicial districts)
(District) Criminal Court
(31 judicial districts)
(District) Chancery Court
(31 judicial districts)
(Grand Division) Court of Appeals
(3 grand divisions)
(Grand Division) Court of Criminal Appeals
(3 grand divisions)
Supreme Court
Texas District Court
(420 districts)
(District) Court of Appeals
(14 districts)
Supreme Court
Court of Criminal Appeals
Utah District Court
(8 districts)
Court of Appeals Supreme Court
Vermont Superior Court
District Court
Family Court
(none) Supreme Court
Virginia Circuit Court
(31 judicial circuits)
Court of Appeals Supreme Court
(previously: Supreme Court of Appeals)
Washington (County) Superior Court
(39 counties)
(Division) Court of Appeals
(3 divisions)
Supreme Court
West Virginia Circuit Court
(31 judicial circuits)
(none) Supreme Court of Appeals
Wisconsin (District) Circuit Court
(10 judicial administrative districts)
(District) Court of Appeals
(4 districts)
Supreme Court
Wyoming District Court
(9 districts)
(none) Supreme Court
American Samoa High Court, Trial Division (none) High Court, Appellate Division
Guam Superior Court (none) Supreme Court
Puerto Rico Court of First Instance
Superior Division (13)
Municipal Division (13)
Circuit Court of Appeals Supreme Court
U.S. Virgin Islands (Division) Territorial Court
(2 divisions)
(none) (none)

The Ohio Supreme Court is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. ...

External links and references


  Results from FactBites:
 
State court - definition of State court in Encyclopedia (661 words)
Under the laws of the United States, most disputes are properly taken to the courts of the state in which the dispute arose.
Another method of federal court review of state court judgments in criminal cases is the federal writ of habeas corpus, in which a federal court is asked to review whether a defendant has been given due process of law.
In some cases where courts are generally assigned to counties, the number of county-based courts does not exactly match the number of actual counties in the state.
State supreme court - Wikipedia, the free encyclopedia (901 words)
The court consists of a panel of judges, either appointed by the state governor, or elected by the state legislature or the people for a limited term.
Under the American system of federalism, the interpretation of a state supreme court on a matter of state law is normally final and binding and must be accepted in both state and federal courts.
Federal courts may only overrule a state court when there is a federal question, which is to say, a specific issue (such as consistency with the U.S. Constitution) that gives cause for federal court jurisdiction.
  More results at FactBites »

 

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