Difference between revisions of "State court"
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*an intermediate [[appellate court]]; and | *an intermediate [[appellate court]]; and | ||
*a [[state supreme court]]. | *a [[state supreme court]]. | ||
| − | However, there is a trend toward consolidation of the first two levels into a single level of trial courts. | + | Traditionally, the trial court of limited jurisdiction has handled 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, and (in states not having separate courts of equity) cases seeking [[equity|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. | 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. | ||
Revision as of 22:03, June 3, 2009
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. 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;
- an intermediate appellate court; and
- a state supreme court.
Traditionally, the trial court of limited jurisdiction has handled 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, 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.