Difference between revisions of "State court"

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(another fact about state courts, with reference)
(added chancery courts)
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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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*a trial court of general jurisdiction, typically called a [[superior court]] or a [[circuit court]];
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*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
 
*an intermediate [[appellate court]]; and
 
*a [[state supreme court]].
 
*a [[state supreme court]].

Revision as of 21:48, February 8, 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]

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.

See also

California Judiciary

References