State court
From Wikipedia, the free encyclopedia
In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. Cases are heard before and evidence is presented in a trial court, which is usually located in a courthouse in the county seat. Territory outside of any state in the United States, such as the District of Columbia or American Samoa, often have courts established under federal or territorial law which substitute for a state court system, distinct from the ordinary federal court system.
If one of the litigants is unsatisfied with the decision of the lower court, the matter may be taken up on appeal (but an acquittal in a criminal trial may not be appealed by the state due to the Fifth Amendment protection against double jeopardy). Usually, an intermediate appellate court, if there is one in that state, often called the state court of appeals, will review the decision of the trial court. If still unsatisfied, the litigant can appeal to the highest appellate court in the state, which is usually called the state supreme court. Appellate courts in the United States, unlike their civil law counterparts, are generally not permitted to correct mistakes concerning the facts of the case on appeal, only mistakes of law, or findings of fact with no support in the trial court record.
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[edit] Relationship to federal courts
The relationship between state courts and federal courts is quite complicated. Although the federal Constitution and federal laws override state laws where there is a conflict between federal and state law, it is not the case that state courts are subordinate to federal courts. Rather, they are more accurately analyzed as two sets of parallel courts with concurrent and often overlapping jurisdiction. With regard to an interpretation of a state law, all federal courts must defer to the interpretation of the state courts.
The vast majority of cases are handled in state courts.
About 91% of people in prison at any given time got there via state rather than federal court convictions, including 99% of people on death row. [1] Federal courts disproportionately handle white collar crimes, immigration related crimes and drug offenses (these crimes make up about 70% of the federal docket, but just 19% of the state court criminal docket). [2][3] A large share of the violent crimes prosecuted in federal courts arise on Indian Reservations or federal property.
The trend is similar in civil cases. For example, in Colorado, in 2002, roughly 97% of all civil cases were filed in state courts and 89% of the cases filed in federal court were bankruptcies. In Colorado, in 2002, there were 79 civil trials in federal court (41 jury and 38 non-jury), and 5950 civil trials in state court (300 jury and 5650 non-jury). [4][5]
A case can be moved from a state court to a federal court only under certain conditions; typically, these "removed cases" involve disputes arising under federal law, or lawsuits between persons residing in different states. In either circumstance, the plaintiff can bring a matter either to state court or federal court; if the plaintiff files suit in state court, the defendant often can remove the case to federal court. Deciding on the jurisdiction is part of litigation strategy for both plaintiff and defendant.
The U.S. Supreme Court will sometimes accept an appeal from a state's highest appellate court, if the justices believe that the case involves an important question of constitutional law or federal law.
Another method of federal court review of state court judgments in criminal cases is the federal writ of habeas corpus, in which a federal court is asked to review whether a defendant has been given due process of law. If the federal court finds that the defendant has been denied due process then the defendant must be released or re-tried in the state court. Applications for habeas corpus review are most frequently made in death penalty cases, although the scope of review has been sharply restricted in recent years by Supreme Court decisions and legislation.
[edit] Courts of inferior jurisdiction
Many states have courts of inferior jurisdiction, presided over by (for example) a magistrate or justice of the peace who hears criminal arraignments and tries petty offenses and small civil cases. Larger cities often have city courts which hear traffic offenses and violations of city ordinances. Other courts of limited jurisdiction include alderman's courts, mayor's courts, recorder's courts, county courts, probate courts, municipal courts, courts of claims, courts of common pleas, family courts, small claims courts, tax courts, water courts (present in some western states such as Colorado and Montana), and workers' compensation courts.
All these courts are distinguished from courts of general jurisdiction, which are the default type of trial court that can hear any case which is not required to be first heard in a court of inferior jurisdiction. Most such cases are civil cases involving large sums of money or criminal trials arising from serious crimes like rape and murder.
A few states like California have unified all courts of general and inferior jurisdiction to make the judicial process more efficient.
[edit] Differences among the states
- Delaware and Tennessee make a distinction between a "court of law" and a "court of equity" (chancery court). For the most part in the American legal system, while the distinction between law and equity has some legal consequences, separate court systems are not maintained.
- In Maryland and New York, the Court of Appeals is the highest state court, and in New York the Supreme Court, Civil Court, and Criminal Court collectively are lower.
- The courts of Louisiana and the Commonwealth of Puerto Rico are organized under a civil law model with significantly different procedures from those of the courts in all other states and the District of Columbia which are organized on an American version of the common law system established originally in England. The courts of one state are generally not required to follow the decisions of the courts of another state, but in the common law legal system it is customary for the courts of one state to look to decisions of other states as persausive statements of what the law should be in the state making the decision, where express statutory provisions do not control.
[edit] Nomenclature
The following table notes the names of the courts in the states and territories of the United States. Listed are the principal courts of first instance (general jurisdiction), the principal intermediate appellate courts, and the courts of final appeal or resort.
In some cases where courts are generally assigned to counties, the number of county-based courts does not exactly match the number of actual counties in the state. This happens when a single court has jurisdiction over more than one county.
| State | Court of First Instance (General Jurisdiction) |
Intermediate Appellate Court | Court of Last Resort |
|---|---|---|---|
| Alabama | (District) Circuit Court (41 judicial districts) |
Court of Civil Appeals Court of Criminal Appeals (-1969: single Court of Appeals) |
Supreme Court |
| Alaska | (District) Superior Court (4 districts) |
Court of Appeals | Supreme Court |
| Arizona | (County) Superior Court (15 counties) |
(Division) Court of Appeals (2 divisions) | Supreme Court |
| Arkansas | Circuit Court (23 judicial circuits) |
Court of Appeals | Supreme Court |
| California | (County) Superior Court (58 counties) |
(District) Court of Appeal (6 appellate districts) |
Supreme Court |
| Colorado | District Court (22 judicial districts) |
Court of Appeals | Supreme Court |
| Connecticut | Superior Court (12 or 13 judicial districts) |
Appellate Court | Supreme Court (previously: Supreme Court of Errors) |
| Delaware | Superior Court (previously: Superior Court and Orphans' Court) Court of Chancery |
(none) | Supreme Court (previously: Court of Errors and Appeals) |
| District of Columbia | Superior Court | (none) | Court of Appeals (previously: Municipal Court of Appeals) |
| Florida | Circuit Court (20 judicial circuits) |
District Court of Appeal (5 districts) |
Supreme Court |
| Georgia | Superior Court (49 judicial circuits) |
Court of Appeals | Supreme Court |
| Hawaii | Circuit Court and Family Court (4 circuits) |
Intermediate Court of Appeals | Supreme Court |
| Idaho | District Court (7 judicial districts) |
Court of Appeals | Supreme Court |
| Illinois | Circuit Court (22 judicial circuits) |
(District) Appellate Court (5 districts) |
Supreme Court |
| Indiana | Superior Court (177 divisions), Circuit Court (90 circuits) |
(District) Court of Appeals (5 districts) (previously: Appellate Court) |
Supreme Court |
| Iowa | District Court (8 districts) |
Court of Appeals | Supreme Court |
| Kansas | District Court (31 districts) |
Court of Appeals | Supreme Court |
| Kentucky | Circuit Court (57 circuits) |
Court of Appeals | Supreme Court (-1976: Court of Appeals) |
| Louisiana | District Court (40 districts) |
(Circuit) Court of Appeal (5 circuits) |
Supreme Court (-1813: Superior Court) |
| Maine | Superior Court | (none) | Supreme Judicial Court |
| Maryland | Circuit Court (8 judicial circuits) |
Court of Special Appeals | Court of Appeals |
| Massachusetts | Superior Court (14 divisions) |
Appeals Court | Supreme Judicial Court |
| Michigan | Circuit Court (57 circuits) Court of Claims |
Court of Appeals | Supreme Court |
| Minnesota | District Court (10 districts) |
Court of Appeals | Supreme Court |
| Mississippi | District Circuit Court (22 districts) |
Court of Appeals | Supreme Court |
| Missouri | Circuit Court (45 circuits) |
(District) Court of Appeals (3 districts) |
Supreme Court |
| Montana | District Court (22 judicial districts) |
(none) | Supreme Court |
| Nebraska | District Court (12 districts) |
Court of Appeals | Supreme Court |
| Nevada | District Court (9 districts) |
(none) | Supreme Court |
| New Hampshire | Superior Court | (none) | Supreme Court |
| New Jersey | (Vicinage) Superior Court (15 vicinages) |
Superior Court, Appellate Division (previously: Court of Chancery, Supreme Court, and Prerogative Court) |
Supreme Court (previously: Court of Errors and Appeals) |
| New Mexico | District Court (13 judicial districts) |
Court of Appeals | Supreme Court |
| New York | (District) Supreme Court (12 judicial districts) County Court (57 counties) |
Supreme Court, Appellate Term (3 judicial departments) Supreme Court, Appellate Division (4 departments) |
Court of Appeals (-1848: Court for the correction of Errors, Supreme Court of Judicature, and Court of Chancery) |
| North Carolina | (District) Superior Court (46 districts) |
Court of Appeals | Supreme Court |
| North Dakota | District Court (7 judicial districts) |
(none) | Supreme Court |
| Ohio | (County) Court of Common Pleas (88 counties) |
(District) Court of Appeals (12 districts) |
Supreme Court |
| Oklahoma | District Court (26 judicial districts) |
Court of Civil Appeals | Supreme Court Court of Criminal Appeals (-1959: Criminal Court of Appeals) |
| Oregon | (District) Circuit Court (27 judicial districts) |
Court of Appeals | Supreme Court |
| Pennsylvania | District Court of Common Pleas (60 judicial districts) |
(District) Superior Court (3 districts) Commonwealth Court |
Supreme Court |
| Rhode Island | Superior Court | (none) | Supreme Court |
| South Carolina | Circuit Court (16 circuits) |
Court of Appeals | Supreme Court |
| South Dakota | Circuit Court (7 circuits) |
(none) | Supreme Court |
| Tennessee | (District) Circuit Court (31 judicial districts) (District) Criminal Court (31 judicial districts) (District) Chancery Court (31 judicial districts) |
(Grand Division) Court of Appeals (3 grand divisions) (Grand Division) Court of Criminal Appeals (3 grand divisions) |
Supreme Court |
| Texas | District Court (420 districts) |
(District) Court of Appeals (14 districts) |
Supreme Court (civil cases); Court of Criminal Appeals |
| Utah | District Court (8 districts) |
Court of Appeals | Supreme Court |
| Vermont | Superior Court District Court Family Court |
(none) | Supreme Court |
| Virginia | Circuit Court (31 judicial circuits) |
Court of Appeals | Supreme Court (previously: Supreme Court of Appeals) |
| Washington | (County) Superior Court (39 counties) |
(Division) Court of Appeals (3 divisions) |
Supreme Court |
| West Virginia | Circuit Court (31 judicial circuits) |
(none) | Supreme Court of Appeals |
| Wisconsin | (District) Circuit Court (10 judicial administrative districts) |
(District) Court of Appeals (4 districts) |
Supreme Court |
| Wyoming | District Court (9 districts) |
(none) | Supreme Court |
| American Samoa | High Court, Trial Division | (none) | High Court, Appellate Division |
| Guam | Superior Court | (none) | Supreme Court |
| Puerto Rico | Court of First Instance Superior Division (13) Municipal Division (13) |
Circuit Court of Appeals | Supreme Court |
| U.S. Virgin Islands | (Division) Territorial Court (2 divisions) |
(none) | (none) |
[edit] External links and references
- 2004 United States Justice Department Report
- National Center for State Courts, including State Court Structure Charts
- Gavel2Gavel's State Court web directory, an ad-supported website
- Federal Court Statistics 2002
- Colorado Court Statistics 2002
- Statistical Abstract of the United States 2006
| Law of the United States | ||
| Constitutional law | Federalism, Separation of powers, Civil rights, Legislative branch |  |
|---|---|---|
| Courts | Federal Courts: Supreme Court, Courts of Appeals, District Court, Bankruptcy Court, Claims Court, Tax Court State Courts: State supreme courts |
|
| Education | Law school, Law School Admission Test, Admission to the bar | |
