Difference between revisions of "State court"
(Started new state-by-state section. Feel free to add your state.) |
(→By state: Maryland) |
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===California=== | ===California=== | ||
{{main|California Judiciary}} | {{main|California Judiciary}} | ||
| + | ===Maryland=== | ||
| + | The [[Maryland]] judiciary includes: | ||
| + | *district courts, which sit in the county seats and, in more populous counties and [[Baltimore|Baltimore City]], other locations; | ||
| + | *circuit courts, which sit in the county seats; | ||
| + | *the Court of Special Appeals, which is the state's intermediate appellate court; and | ||
| + | *the Court of Appeals, which is the state supreme court. | ||
===New Jersey=== | ===New Jersey=== | ||
The [[New Jersey]] judiciary includes: | The [[New Jersey]] judiciary includes: | ||
| Line 20: | Line 26: | ||
*the Supreme Court. | *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]]. | 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 17:56, February 13, 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.
Maryland
The Maryland judiciary includes:
- district courts, which sit in the county seats and, in more populous counties and Baltimore City, other locations;
- circuit courts, which sit in the county seats;
- the Court of Special Appeals, which is the state's intermediate appellate court; and
- the Court of Appeals, which is the state supreme court.
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.