Difference between revisions of "State court"
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'''State court''' is a court established by state rather than [[federal]] law. It is typically a court of general [[jurisdiction]], except when established by state law to handle only a particular type of claim, such as [[small claims court]]. State courts handle over 98% of all litigation in the United States.<ref>[http://public.findlaw.com/abaflg/flg-2-2a-4.html What sorts of cases do state courts decide?]</ref> | '''State court''' is a court established by state rather than [[federal]] law. It is typically a court of general [[jurisdiction]], except when established by state law to handle only a particular type of claim, such as [[small claims court]]. State courts handle over 98% of all litigation in the United States.<ref>[http://public.findlaw.com/abaflg/flg-2-2a-4.html What sorts of cases do state courts decide?]</ref> | ||
| − | + | ==Overview== | |
A typical state court system has four levels: | A typical state court system has four levels: | ||
*a [[trial court]] of limited jurisdiction, typically called a [[district court]], a municipal court, or a justice court; | *a [[trial court]] of limited jurisdiction, typically called a [[district court]], a municipal court, or a justice court; | ||
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Typically, all state courts except the trial court of limited jurisdiction are courts of record. In states where the lower-level trial court is not a court of record, when a decision of such a court is appealed to the higher-level trial court, the higher-level trial court hears the matter ''[[de novo]],'' as there is no record on which to base an appeal. | Typically, all state courts except the trial court of limited jurisdiction are courts of record. In states where the lower-level trial court is not a court of record, when a decision of such a court is appealed to the higher-level trial court, the higher-level trial court hears the matter ''[[de novo]],'' as there is no record on which to base an appeal. | ||
| − | == | + | ==By state== |
| − | [[ | + | ===California=== |
| + | {{main|California Judiciary}} | ||
| + | ===New Jersey=== | ||
| + | The [[New Jersey]] judiciary includes: | ||
| + | *the municipal courts; | ||
| + | *the Superior Court, which is the trial court of general jurisdiction for both law and equity; | ||
| + | *the Tax Court, a specialized court; | ||
| + | *the Appellate Division of the Superior Court, which is the state's intermediate appellate court; and | ||
| + | *the Supreme Court. | ||
| + | The municipal courts sit in every municipality, although smaller municipalities in a county may share a judge, and are under the supervision of the Superior Court. Unusually, the Superior Court, not the municipal courts, functions as the [[Small Claims Court]]. | ||
==References== | ==References== | ||
<references/> | <references/> | ||
[[category:Judicial]] | [[category:Judicial]] | ||
[[category:government]] | [[category:government]] | ||
Revision as of 19:57, February 11, 2011
State court is a court established by state rather than federal law. It is typically a court of general jurisdiction, except when established by state law to handle only a particular type of claim, such as small claims court. State courts handle over 98% of all litigation in the United States.[1]
Overview
A typical state court system has four levels:
- a trial court of limited jurisdiction, typically called a district court, a municipal court, or a justice court;
- a trial court of general jurisdiction, typically called a superior court or a circuit court (chancery courts in the states that still have them are on this level);
- an intermediate appellate court; and
- a state supreme court.
Traditionally, the trial court of limited jurisdiction has handled non-jury trials for traffic offenses, misdemeanors, and civil lawsuits seeking damages up to a certain amount, while the trial court of general jurisdiction has handled felonies, civil lawsuits seeking damages above a certain amount, jury trials, and (in states not having separate courts of equity) cases seeking equitable relief. However, there is a trend toward consolidation of the first two levels into a single level of trial courts.
Typically, all state courts except the trial court of limited jurisdiction are courts of record. In states where the lower-level trial court is not a court of record, when a decision of such a court is appealed to the higher-level trial court, the higher-level trial court hears the matter de novo, as there is no record on which to base an appeal.
By state
California
For a more detailed treatment, see California Judiciary.
New Jersey
The New Jersey judiciary includes:
- the municipal courts;
- the Superior Court, which is the trial court of general jurisdiction for both law and equity;
- the Tax Court, a specialized court;
- the Appellate Division of the Superior Court, which is the state's intermediate appellate court; and
- the Supreme Court.
The municipal courts sit in every municipality, although smaller municipalities in a county may share a judge, and are under the supervision of the Superior Court. Unusually, the Superior Court, not the municipal courts, functions as the Small Claims Court.