Difference between revisions of "State 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.
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The trial court of general jurisdiction typically sits in the [[county seat]], although [[county|counties]] with large populations may have multiple locations in which it sits.  Depending on the state, the trial court of limited jurisdiction may have countywide [[venue]] or venue within a judicial district or municipality within the county.
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==By state==
 
==By state==
 
===California===
 
===California===

Revision as of 11:44, February 23, 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:

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.

The trial court of general jurisdiction typically sits in the county seat, although counties with large populations may have multiple locations in which it sits. Depending on the state, the trial court of limited jurisdiction may have countywide venue or venue within a judicial district or municipality within the county.

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.

References