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In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. The United States of America —commonly referred to as the Politics of the United States takes place in the framework of a presidential, Federal republic where the President of the United States (the Head of The federal government of the United States is the central United States Governmental body established by the United States Constitution. The Constitution of the United States of America is the supreme Law of the United States. Taxation in the United States is a complex system which may involve payment to at least four different levels of government and many methods of taxation The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses The United States House of Representatives is one of the two chambers of the United States Congress; the other is the Senate. The Speaker of the United States House of Representatives is the presiding officer&mdashor speaker &mdashof the United States House of Representatives. Party leaders of the United States House of Representatives are elected by their respective parties in a closed-door (private Caucus. This is a complete list of congressional districts for representation in the United States House of Representatives. The United States Senate is the Upper house of the bicameral United States Congress, the Lower house being the House of Representatives The President pro tempore of the Senate is the second-highest-ranking official of the United States Senate and the highest-ranking senator The Senate Majority and Minority Leaders (also called Senate Floor Leaders) are two United States Senators who are elected by the party conferences The President of the United States is the Head of state and Head of government of the United States and is the highest political official in United States by The Vice President of the United States is the first person in the presidential line of succession, becoming the new President of the United States upon the death The United States Cabinet (usually simplified as "the Cabinet" is composed of the most senior appointed officers of the Executive branch of the Federal government This is an incomplete list of United States federal agencies. The United States federal courts are the system of Courts organized under the Constitution and laws of the Federal government of the United States The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. The United States courts of appeals (or circuit courts) are the intermediate appellate courts The United States district courts are the general Trial courts of the United States federal court system. The United States has a federal government, with elected officials at federal (national state and local level Elections for President and Vice President of the United States are This article presents the main political parties in United States politics. The Democratic Party is one of two major Political parties in the United States, the other being the Republican Party. See also Third party (United States presidential candidates 2008 The term third party is used in the United States for a political party other than one State governments in the United States (sometimes referred to as "The State" is generally structured in accordance with the laws of the various individual states The following is a list of incumbent United States Governors. In the United States of America, a state legislature is a generic term referring to the legislative body of any of the country's 50 states. Each State in the United States has a Legislative branch as part of its form of civil government Local government in the United States is generally structured in accordance with the laws of the various individual states. Information on politics by country is available for every Country, including both De jure and De facto independent The United States of America —commonly referred to as the In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government Cases are heard before and evidence is presented in a trial court, which is usually located in a courthouse in the county seat. The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e A trial court or court of first instance is the Court in which most civil or criminal cases begin For the Arlington Virginia neighborhood see Courthouse Virginia A courthouse (sometimes spelled court house) is a building A county seat is a term for an Administrative center for a County, primarily used in the United States. 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. Washington DC ( formally the District of Columbia and commonly referred to as Washington, the District, or simply D
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). In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy In Law, an appeal is a process for requesting a formal change to an official decision In Criminal law, an acquittal is a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict The Fifth Amendment ( Amendment V) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India 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. Court of Appeal, Court of Appeals, and Appellate Division redirect here for a list of specific courts using those titles see Court of Appeal This article discusses the state supreme courts in the United States 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. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world.
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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. A magistrate is a judicial officer In Common law systems a magistrate usually has limited authority to administer and enforce the Law. A Justice of the Peace ( JP) is a Puisne Judicial officer appointed by means of a commission to keep the peace Arraignment is a Common law term for the formal reading of a criminal Complaint, in the presence of the Defendant, to inform him/her of the charges Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which Larger cities often have city courts which hear traffic offenses and violations of city ordinances. Traffic on Roads may consist of Pedestrians ridden or herded Animals Vehicles Streetcars and other Conveyances either singly A local ordinance is a Law usually found in a municipal code. 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. An alderman is a member of a municipal assembly or council in many jurisdictions A mayor (from the Latin māior, meaning "greater" is a modern title used in many countries for the highest ranking officer in a municipal government The Recorder's Court, in Detroit, Michigan was a State court of Limited jurisdiction which had for most of its history exclusive jurisdiction In the United States, a state court has Jurisdiction over disputes with some connection to a U For family court in Hong Kong see Family Court (Hong Kong A family court is a Court convened to decide matters and make orders in Small claims courts are Courts of limited jurisdiction that hear civil cases between private litigants The United States Tax Court is a federal Trial court of record established by Congress under Article I of the U Workers' compensation (colloquially known as workers' comp in North America or compo in Australia) a form of Insurance that provides
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. Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries
A few states like California have unified all courts of general and inferior jurisdiction to make the judicial process more efficient. In such judicial systems, there are still departments of limited jurisdiction within the trial courts, and often these departments occupy the exact same facilities they once occupied as independent courts of limited jurisdiction. However, as mere administrative divisions, departments can be rearranged at the discretion of each trial court's presiding judge in response to changing caseloads.
The vast majority of non-criminal cases in the United States are handled in state courts, rather than federal courts. For example, in Colorado, in 2002, which is typical, roughly 97% of all civil cases were filed in state courts and 89% of the cases filed in federal court were bankruptcies. Just 0. 3% of the non-bankruptcy civil cases in the state were filed in federal court. 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). [1][2] Essentially all probate and divorce cases are also brought in state court, even if the parties involved live in different states.
Often, a plaintiff can bring a matter either to state court or federal court, because it arises under federal law, or involves a substantial monetary dispute (in excess of $75,000 as of October 26, 2007) arising under state law between parties that do not reside in the same state. Events 740 - An Earthquake strikes Constantinople, causing much damage and death Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. If a plaintiff files suit in state court in such a case, the defendant can "remove" the case to federal court if a timely request is made to do so. Deciding on the jurisdiction is part of litigation strategy for both plaintiff and defendant, in which the make up of the likely juries in each court, and the differences between federal and state court procedures figure highly. A mere federal law defense to a claim arising under state law, however, is generally not a basis for removing a case to federal court from state court.
About 91% of people in prison at any given time in the United States were convicted in state court, rather than federal court, including 99% of defendants sentenced to death. [3] 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). [4][5] A large share of the violent crimes that are prosecuted in federal court arise on Indian Reservations or federal property, where state courts lack jurisdiction and tribal court jurisdiction is usually limited to less serious offenses.
Many rights of criminal defendants in state courts arise under federal law, but federal courts only examine if the state courts applied those federal rights correctly on a direct appeal from the conviction to the U. S. Supreme Court, after state court direct appeals have been exhausted, or in a collateral attack on a conviction in a habeas corpus proceeding.
The relationship between state courts and federal courts is quite complicated. Although the United States Constitution and federal laws override state laws where there is a conflict between federal and state law, state courts are not subordinate to federal courts. The Constitution of the United States of America is the supreme Law of the United States. Rather, they are two parallel sets of courts with different often overlapping jurisdiction.
State courts systems always contain some courts of "general jurisdiction. " All disputes which are capable of being brought in courts, arising under either state or federal law may be brought in one of the state courts, except in a few narrow case where federal law specifically limits jurisidiction exclusively to the federal courts. Some of the most common cases exclusively in federal jurisdiction are suits between state governments, suits involving ambassadors, certain intellectual property cases, federal criminal cases, bankruptcies and most securities fraud class actions. There are also a handful of federal laws under which lawsuits can be pursued only in state court, such as those arising under the federal "junk fax" law. [1]. Unlike state courts, federal courts are courts of "limited jurisdiction", that can only hear the types of cases specified in the Constitution and federal statutes (primarily federal crimes, cases arising under federal law and cases involving a diversity of citizenship between the parties).
Federal courts must defer to state courts in their the interpretation of state laws, and sometimes "certify" a question of state law to a state court in a case pending before it, if state law is unsettled on the issue.
The U.S. Supreme Court can review final decision of state courts, after a party exhausts all remedies up to a request for relief from the state's highest appellate court, if the justices believe that the case involves a question of constitutional law or federal law. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Constitutional law is the study of foundational or basic Laws of nation states and other political organizations On average, in an average sized state, one or two decisions every year or two from a state's court system are reviewed by the U. S. Supreme Court. Most U. S. Supreme Court review of state court decisions involves review of the constitutional rights of state court criminal defendants.
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. Habeas corpus (ˈheɪbiəs ˈkɔɹpəs ( Latin: command that you have the body is the name of a legal action or Writ, through which a person can seek relief Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her 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. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment.
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), has separate law & equity divisions |
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 with 77 district courts) |
Court of Civil Appeals | Supreme Court Court of Criminal Appeals (1907-1959: 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 |
| Northern Mariana Islands | 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 | Superior Court (2 divisions) |
Supreme Court | Third Circuit Court of Appeals (federal, temporary) |