State court
Encyclopedia
In the United States, a state court has jurisdiction
over disputes with some connection to a U.S. state
, as opposed to the federal government. State courts handle the vast majority of civil and criminal cases in the United States with minimal federal court supervision.
where suits are filed and evidence
is eventually presented if a case proceeds to a hearing or trial. Trials in these courts are often held only after extensive pre-trial procedures that in more than 90% of cases lead to a default judgment
in a civil case, an agreed resolution settling the case, or pre-trial resolution of the case by a judge on the merits. 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.
State trial courts are usually located in a courthouse
in the county seat
. Even when state trial courts include more than one county in a judicial district, it isn't uncommon for the state trial court to hold regular sessions at each county seat in its jurisdiction and function from the point of view of litigants as if it were a county based court.
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
and is usually located in or near the state capital. 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.
Many states have courts of limited jurisdiction
(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
. Appeals from courts of limited jurisdiction are frequently sent to state trial courts of general jurisdiction rather than to an appellate court.
Larger cities often have city courts which hear traffic offenses and violations of city ordinances
; in some states, such as New York State, these courts also have broader jurisdictions as inferior jurisdiction courts and can handle small civil claims and misdemeanor casees. Other courts of limited jurisdiction include alderman
's courts, police court
, mayor
's courts, recorder's court
s, county court
s, probate courts, municipal courts, juvenile court
s, courts of claims, courts of common pleas, family court
s, small claims court
s, tax court
s, water courts (present in some western states such as Colorado and Montana), and workers' compensation
courts. Many states follow the federal government practice of having one or more separate systems of administrative law judges in the executive branch in addition to judicial branch judges, for example, to handle driver's license revocations, unemployment insurance claims, or land use disputes.
All these courts are distinguished from courts of general jurisdiction
(superior 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 limited jurisdiction. Most such cases are civil cases involving large sums of money or criminal trials arising from serious crimes like rape and murder. Typically, felonies are handled in general jurisdiction courts, while misdemeanors and other lesser offenses are handled in inferior jurisdiction courts. Unlike most European court system (in both common law and civil law countries), it is unusual in American state courts to reserve very serious crimes for a court different than the one that handles all other felony cases in a given county. But, many state courts that handle criminal cases have separate divisions or judges assigned to handle certain types of crimes such as a drug court
, sometimes also known as a "problem solving court."
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 exactly the 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.
s are Presidential appointees confirmed by the U.S. Senate serving life terms of office, the vast majority of states have some judges who are elected, and the methods of appointment for appointed judges vary widely. State court judges are usually distinguished attorneys who have had some political involvement, who are pursuing second careers on the bench. But, a small number of state court judges, particularly in limited jurisdiction trial courts, are non-lawyers, who are often elected to their posts.
A disproportionate share of state court judges previously served as prosecutors, or less commonly as criminal defense attorneys or trial lawyers, although no particular background as an attorney is required to serve as a judge. The judiciary is not a separate profession in the American legal system as it is in many civil law jurisdictions.
State court judges are typically paid less, have smaller staffs available to them, and handle larger caseloads than their federal judge counterparts.
A large share of all civil cases filed in state courts are debt collection cases. For example, in Colorado, in 2002, about 87% of all civil cases filed in the courts of inferior jurisdiction were debt collection and eviction cases, while in the court of general jurisdiction, about 60% of all civil cases (other than domestic relations and probate cases) were debt collection, foreclosure and tax collection cases. A large share of the balance of civil cases in courts of limited jurisdiction involve temporary restraining orders, typically in non-marital domestic relations contexts, and name change petitions (generally for marriage, divorce or child custody reasons). A large share of the balance of civil cases in courts of general jurisdiction involve divorces, child custody disputes, child abuse cases, uncontested probate administrations, and personal injury cases that do not involve workplace injuries (which are usually handled through a non-judicial workers compensation process).
Many state court civil cases produce quick default judgments or pretrial settlements, but even considering only cases that actually go to trial, state courts are the dominant forum for civil cases. 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). http://www.courts.state.co.us/panda/statrep/ar2002/ar2002toc.htmhttp://www.uscourts.gov/caseload2002/contents.html Essentially all probate and divorce cases are also brought in state court, even if the parties involved live in different states. In practice, almost all real property evictions and foreclosures are handled in state court.
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 jurisdiction exclusively to the federal courts. Some of the most notable cases exclusively in federal jurisdiction are suits between state governments, suits involving ambassador
s, certain intellectual property
cases, federal criminal cases, bankruptcy
cases, large interstate class action
cases, 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. There have been times in U.S. history where almost all small claims, even if they arose under federal law, were required to be brought in state courts.
State court systems usually have expedited procedures for civil disputes involving small dollar amounts (typically under $5,000 to $25,000 depending upon the state court in question), most of which involve collection of small contractual debts (such as unpaid credit cards) and landlord-tenant matters. Many states have small claims divisions where all parties proceed in civil cases without lawyers, often before a magistrate or justice of the peace. Federal courts do not have parallel small claims procedures and apply the same civil rules to all civil cases, which makes federal court an expensive venue for a private party to pursue a claim for a small dollar amount.
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, cases with a United States government party, and cases involving a diversity of citizenship between the parties).
Often, a plaintiff can bring a matter either to state court or to 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. 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 (jurisdictional arbitrage
) 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 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.
In civil cases, all or some of the substantive law issues decided by a state court may be determined under the law of another state or country, if that state's choice of law
rules provide for the application of another state's laws. For example, if someone sued a resident of Missouri in a Missouri state court for an automobile accident arising in France because it was not possible to obtain jurisdiction over the defendant in a French court for some reason, the Missouri state court might apply the French law applicable to lawsuits arising from automobile accidents. Similarly, a Missouri state court presented with a Last Will and Testament signed in Florida, might apply Florida law rather than Missouri law to determine if the document was signed with the proper formalities.
There is not a federal constitutional right to a trial by jury in a state civil case under the 7th Amendment to the United States Constitution, and not all states preserve a right to a civil jury in either their state constitution or state statutes. In practice, however, civil jury trials are available, generally on a similar basis to their availability in federal court, in every state except Louisiana
. In these states, there is a general right to a jury trial in cases that would arise at law in colonial England, which generally includes most cases seeking simple money damages and no other relief. In practice, about three-quarters of all civil jury trials involved personal injury cases, and most of the rest involve breaches of contracts. In states where a state constitution provides for a right to a jury trial, or a right to open courts, this has sometimes been interpreted to confer not only a procedural right to a certain type of trial, but also a substantive right to have redress through the courts for the kinds of injuries that were compensable at common law.
Prior to trial, most proceedings in non-criminal courts are conducted via papers filed in the court, often through lawyers. In limited jurisdiction courts, it is not uncommon for an initial appearance to be made in person at which a settlement is often reached. In general jurisdiction state courts, it is not uncommon for all pre-trial matters to be conducted outside the court, with attorneys negotiating scheduling matters, pre-trial examinations of witnesses taking place in lawyer's office through depositions, and a settlement conference conducted by a private mediator at the mediator's office.
The proportion of criminal cases brought in state court rather than federal court is higher than 91% because misdemeanor and petty offense prosecutions are disporportionately brought in state courts and most criminal prosecutions involve misdemeanors and petty offenses. The number of trials conducted in each system is another way to illustrate the relative size of the two criminal justice systems. In Colorado, in 2002, there were approximately 40 criminal trials in federal court, and there were 1,898 criminal trials (excluding hundreds of quasi-criminal trials in juvenile cases, municipal cases and infraction cases) in state courts, so only about 2% of criminal trials took place in federal court. Most jury
trials in the United States take place in criminal cases in state courts.
State courts do not have jurisdiction over criminal cases arising on Indian reservations even if those reservations are located in their state. Less serious crimes on Indian reservations are prosecuted in tribal courts. A large share of violent crime
s that are prosecuted in federal court arise on Indian reservation
s or federal property
, where state courts lack jurisdiction, since tribal court jurisdiction is usually limited to less serious offenses. Federal crimes on federal property in a state are often defined with reference to state criminal law.
Federal courts disproportionately handle white-collar crime
s, 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). http://www.courts.state.co.us/panda/statrep/ar2002/ar2002toc.htmhttp://www.uscourts.gov/caseload2002/contents.html Federal courts have the power to bring death penalty charges under federal law, even if they arise in states where there is no death penalty under state law, but the federal government rarely utilizes this right.
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 after all state court remedies (usually including a state court habeas corpus proceeding) have been exhausted. Some rights of criminal defendants that apply in federal court do not exist in state court. For example, in many states there is no constitutional right to be indicted by a grand jury before facing a criminal prosecution for a felony or infamous misdemeanor. Two states (Louisiana
and Oregon
) do not require unanimous juries in non-capital criminal cases.
Unlike non-criminal cases, criminal proceedings in state courts are primarily conducted orally, in person, in open court.
and New York
are significant exceptions), the state supreme court or a related administrative body has the power to write the rules of procedure that govern the courts through a rule making process. In a few states, court procedures are largely dictated by state law.
Most states model their general jurisdiction trial court rules closely upon the Federal Rules of Civil Procedure
with modifications to address types of cases that come up predominantly in state practice, and model their professional ethics rules closely upon models drafted by the American Bar Association with minor modifications. A minority of states, however, have idiosyncratic procedural rules, often based on the Field Code in place in many states before the Federal Rules of Civil Procedure were adopted. Importantly, neither California nor New York State follow the Federal Rules of Civil Procedure model.
Typically, state trial courts of limited jurisdiction have generally similar rules to state trial courts of general jurisdiction, but stripped of rules applicable to special cases like class actions and most pre-trial procedures (such as non-court ordered discovery).
Most state supreme courts also have general supervisory authority over the state court system. In this capacity they are responsible, for example, for making budget requests and administrative management decisions for the court system as a whole.
It is not uncommon for justice system functions like assisting indigent parents collect child support, and probation supervision, to be located bureaucratically in the judicial branch, rather than the executive branch. Some states give the judiciary supervisory authority over the law enforcement officers who provide court house security, enforce civil judgments and run the local jail, while reserve these functions for in executive branch governmental officials. Law enforcement officers who are in the judicial branch are typically called bailiff
s or marshal
s. Law enforcement officers who are in the executive branch and serve a state court are often part of the office of the sheriff
in the county.
over the case and can consider new evidence. In some states, with what is known as an integrated bar this function is filled primarily by a state bar association. For example, the bar exam is administered only by states and by federal jurisdictions that substitute for states such as the District of Columbia and Puerto Rico
. There is no federal bar exam (except in a few narrow subject matter specialties such as patent law).
In the United States, states take primary responsibility for regulating lawyers, while specific federal courts generally allow almost anyone admitted to the practice of law in the state in their jurisdiction to practice law before them if the attorney is in good standing with all state courts to which the attorney is admitted. This is generally handled on a federal court by federal court basis, and is revoked only for misconduct in that federal court or as reciprocal discipline for misconduct findings made by another jurisdiction.
All or almost all states practice reciprocal discipline, sanctioning lawyers found to have violated ethical rules in another state in their own state without a full hearing on the matter.
and federal laws override state laws where there is a conflict between federal and state law, state courts are not subordinate to federal courts. Rather, they are two parallel sets of courts with different often overlapping jurisdiction. While federal law is supreme relative to state law, federal courts are not always superior to state courts.
Under the 11th Amendment to the United States Constitution, federal courts are generally prohibited from exercising jurisdiction in civil lawsuits for money damages between a state government and a private party. This limitation does not generally, however, prohibit federal courts from considering suits by private parties against local governments, state and local officials, state sponsored entities that are not part of state government, or suits against states seeking injunctive relief but not money damages.
There are multiple areas such as tax collection and legislative action, where federal courts may not impose injunctions on states as a matter of federal statutory law.
Federal courts must defer to state courts in their the interpretation of state laws, and sometimes "certify" a question of state law in a case pending before it to the highest state court in the state, if state law is unsettled on the issue.
As a general rule, federal courts, other than the U.S. Supreme Court, do not resolve federal law issues pending in state courts. This is true even when, for example, two different state courts reach conflicting interpretations of a federal law in cases involving the same parties litigating the same issues in more than one forum, such as jurisdictional issues arising under the Federal Parental Kidnapping Protection Act.
Some state courts may certify a question of federal law to a federal court, but this is less common and is generally not mandatory.
While there are multiple ways that federal courts can review state court decisions for violations of state law, in practice, there is virtually no federal court review of state courts in civil cases, and there is in practice, very little meaningful federal court review of state courts in criminal cases where the death penalty is not imposed. There is substantial review by the federal courts, in practice, of state court decisions to impose the death penalty, however.
In a case with some issues that are within the jurisdiction of a federal court, and others that are within state court jurisdiction, a case can often still be "removed" to federal court. But, if the federal court then resolves the issues that give rise to its jurisdiction, the case may be "remanded" back to state court.
Removal and remand are primarily matters of federal statutory law.
can (but are not required to) 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 an important question of constitutional law
or federal law. Generally speaking the U.S. Supreme Court does not review decisions of state courts that depend entirely on the resolution of a state law issue.
For example, the U.S. Supreme Court will generally not consider an appeal of a state court determination that someone has both a state constitutional right and a federal constitutional right, if the result would be no different if that person had only a state constitutional right.
Normally 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 reviews of state court decisions involve review of the constitutional rights of state court criminal defendants. A disproportionate share of the state court criminal cases reviewed on direct appeal by the U.S. Supreme Court involve death penalty cases.
In a typical state, multiple years will pass between U.S. Supreme Court reviews of a state court decision in a civil case, despite the fact that more than 97% of civil cases are brought in state courts rather than federal court.
and res judicata
require any state or federal court deciding matters resolved on the merits by a court with jurisdiction between the parties or certain closely related parties differently than the way that they were previously adjudicated. The doctrine of collateral estoppel
pertains to specific issues decided in prior cases. The doctrine of res judicata
applies to an entire case.
Under the Rooker-Feldman doctrine, federal trial courts are prohibited from considering matters already resolved in a state court civil action that is in the nature of an appeal, even on an issue of federal law. Federal courts are prohibited from issuing injunctions against certain kinds of activities of states, such as their tax collection activities, or directing state legislative bodies to take particular actions.
Federal bankruptcy court petitions generally interrupt pending state court proceedings in civil matters involving the petitioner (with select exceptions, primarily for domestic relations matters). The bankruptcy court then determines if the interrupted state court proceeding should be returned to state court for resolution, or should be resolved in a federal bankruptcy court adversarial proceeding, based upon the applicable bankruptcy law. Bankruptcy courts also have the power to discharge debts and obligations arising from state court judgments in accordance with federal bankrtupcy law.
, rather than a constitutional requirement.
While rare, federal reprosecution of a crime tried in state court that produced an acquittal can be the functional equivalent of a trial de novo appeal of a state court prosecution, and vice versa.
Federal court review may review state court judgments in criminal cases by ruling on petitions for a federal writ of habeas corpus
, in which a federal court is asked to review whether a defendant has been given due process
of law as defined under federal law. Normally, federal habeas corpus petitions are filed in the U.S. District Court for the appropriate district, which is the federal trial court, but only after all remedies in the state court system, including state court habeas corpus petitions or the equivalent, have been exhausted. This process typically takes several years. But, 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. Review of the merits of the trial court case is generally prohibited. Habeas corpus review is granted in, on average, 75 death penalty cases and 380 non-death penalty cases per year, in the entire United States, from about 190 petitions in death penalty cases and about 19,000 non-death penalty criminal cases filed each year in the entire United States.
Federal courts also indirectly apply federal law to state and local officials, including those involved in the court process, by hearing civil rights
cases brought against individuals and local governments for money damages and injunctive relief. Prisoner's in state prisons may also file prisoner's petitions in federal court alleging civil rights violations by correctional officials, and these petitions often make up a large share of the civil cases filed in a given federal court, but relief is very rarely granted in such cases. When the person or class of persons bringing the suit prevails, the result is often a consent decree
that gives a federal court, or a special master appointed by a federal court, supervisory authority over the way that a state or local government entity carries out its duties. For example, if a local law enforcement agency is alleged to have engaged in racial profiling
it would not be unusual for the case to be resolved by having the local law enforcement agency adopt procedures to be used in traffic stops, with compliance supervised by a federal trial court judge. Similarly, lawsuits alleging some types of police misconduct and prosecutorial misconduct may often be brought in federal court, and federal courts may enjoin state officials from enforcing state laws found to be unconstitutional in a federal lawsuit, under threat of being held personally in contempt of court
for doing otherwise.
s, however, is largely devoted to matters primarily litigated in state courts, such as contract disputes, trusts and estates, personal injury cases, common law crimes, constitutional criminal procedure, family law, property law, commercial transactions, and state corporate law. These casebooks in these coure classes primarily consist of landmark state appellate court decisions.
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.
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over disputes with some connection to a U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
, as opposed to the federal government. State courts handle the vast majority of civil and criminal cases in the United States with minimal federal court supervision.
Types of state courts
Cases in Federal courts begin in a trial courtTrial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
where suits are filed and evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
is eventually presented if a case proceeds to a hearing or trial. Trials in these courts are often held only after extensive pre-trial procedures that in more than 90% of cases lead to a default judgment
Default judgment
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law...
in a civil case, an agreed resolution settling the case, or pre-trial resolution of the case by a judge on the merits. Territory outside of any state in the United States, such as the District of Columbia or American Samoa
American Samoa
American Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the sovereign state of Samoa...
, often have courts established under federal or territorial law which substitute for a state court system, distinct from the ordinary federal court system.
State trial courts are usually located in a courthouse
Courthouse
A courthouse is a building that is home to a local court of law and often the regional county government as well, although this is not the case in some larger cities. The term is common in North America. In most other English speaking countries, buildings which house courts of law are simply...
in the county seat
County seat
A county seat is an administrative center, or seat of government, for a county or civil parish. The term is primarily used in the United States....
. Even when state trial courts include more than one county in a judicial district, it isn't uncommon for the state trial court to hold regular sessions at each county seat in its jurisdiction and function from the point of view of litigants as if it were a county based court.
If one of the litigants is unsatisfied with the decision of the lower court, the matter may be taken up on appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
(but an acquittal
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
in a criminal trial may not be appealed by the state due to the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
protection against double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
). 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
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
in the state, which is usually called the state supreme court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
and is usually located in or near the state capital. Appellate courts in the United States, unlike their civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
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.
Many states have courts of limited jurisdiction
Limited jurisdiction
Limited jurisdiction, or special jurisdiction, is the courts' jurisdiction only on certain types of cases such as bankruptcy, family matters, etc....
(inferior jurisdiction), presided over by (for example) a magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
or justice of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
who hears criminal arraignments
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
and tries petty offenses
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
and small civil cases
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
. Appeals from courts of limited jurisdiction are frequently sent to state trial courts of general jurisdiction rather than to an appellate court.
Larger cities often have city courts which hear traffic offenses and violations of city ordinances
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
; in some states, such as New York State, these courts also have broader jurisdictions as inferior jurisdiction courts and can handle small civil claims and misdemeanor casees. Other courts of limited jurisdiction include alderman
Alderman
An alderman is a member of a municipal assembly or council in many jurisdictions founded upon English law. The term may be titular, denoting a high-ranking member of a borough or county council, a council member chosen by the elected members themselves rather than by popular vote, or a council...
's courts, police court
Police Court
Police Court is a 1932 American Monogram Pictures drama motion picture starring Henry B. Walthall, Leon Janney, Lionel Belmore, and King Baggot. Directed by Louis King and produced by I. E. Chadwick, the screenplay was adapted by Stuart Anthony from his story...
, mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
's courts, recorder's court
Recorder's court
The Recorder's Court, in Detroit, Michigan was a state court of limited jurisdiction which had, for most of its history, exclusive jurisdiction over traffic and ordinance matters, and over all felony cases committed in the City of Detroit...
s, county court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
s, probate courts, municipal courts, juvenile court
Juvenile court
A juvenile court is a tribunal having special authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority...
s, courts of claims, courts of common pleas, family court
Family court
A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
s, small claims court
Small claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...
s, tax court
Tax court
Tax courts are courts of limited jurisdiction that deal with tax issues.*United States Tax Court, a United States federal court**List of Judges of the United States Tax Court**Uniformity and jurisdiction in U.S...
s, water courts (present in some western states such as Colorado and Montana), and workers' compensation
Workers' compensation
Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...
courts. Many states follow the federal government practice of having one or more separate systems of administrative law judges in the executive branch in addition to judicial branch judges, for example, to handle driver's license revocations, unemployment insurance claims, or land use disputes.
All these courts are distinguished from courts of general jurisdiction
General jurisdiction
A court of general jurisdiction is one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth.-Courts of general jurisdiction in the United States:All federal courts are courts of limited jurisdiction. Many U.S...
(superior 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 limited jurisdiction. Most such cases are civil cases involving large sums of money or criminal trials arising from serious crimes like rape and murder. Typically, felonies are handled in general jurisdiction courts, while misdemeanors and other lesser offenses are handled in inferior jurisdiction courts. Unlike most European court system (in both common law and civil law countries), it is unusual in American state courts to reserve very serious crimes for a court different than the one that handles all other felony cases in a given county. But, many state courts that handle criminal cases have separate divisions or judges assigned to handle certain types of crimes such as a drug court
Drug court
Drug Courts are judicially supervised court dockets that handle the cases of nonviolent substance abusing offenders under the adult, juvenile, family and tribal justice systems...
, sometimes also known as a "problem solving court."
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 exactly the 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.
State court judges
Unlike federal courts, where judgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s are Presidential appointees confirmed by the U.S. Senate serving life terms of office, the vast majority of states have some judges who are elected, and the methods of appointment for appointed judges vary widely. State court judges are usually distinguished attorneys who have had some political involvement, who are pursuing second careers on the bench. But, a small number of state court judges, particularly in limited jurisdiction trial courts, are non-lawyers, who are often elected to their posts.
A disproportionate share of state court judges previously served as prosecutors, or less commonly as criminal defense attorneys or trial lawyers, although no particular background as an attorney is required to serve as a judge. The judiciary is not a separate profession in the American legal system as it is in many civil law jurisdictions.
State court judges are typically paid less, have smaller staffs available to them, and handle larger caseloads than their federal judge counterparts.
Differences among the states
- DelawareDelawareDelaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
, MississippiMississippiMississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, New JerseyNew JerseyNew Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, and TennesseeTennesseeTennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
make a distinction between a "court of law" and a "court of equityCourt of equityA chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
" (chancery courtChancery CourtThe Chancery Court of York is an ecclesiastical court for the Province of York of the Church of England.The presiding officer, the Official Principal and Auditor, has been the same person as the Dean of the Arches since the nineteenth century . The Court comprises the Auditor, two clergy and two...
). For the most part in the American legal system, while the distinction between law and equity still has some legal consequences, separate court systems are not maintained at the federal level or in other states.
- TexasTexasTexas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
and OklahomaOklahomaOklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
have separate courts of last resort for criminal cases and other cases. In all other states, there is a single court of last resort. While collateral attacks on criminal convictions, such as state level habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
petitions, are usually considered to be technically civil cases, because they are not brought by a prosecutor and do not seek to convict someone of a crime, these suits are, in both states, appealed to the criminal court of last resort, rather than the civil court of last resort.
- In MarylandMarylandMaryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
and New YorkNew YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, the Court of AppealsCourt of AppealsA court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
is the highest state court, and in New York the Supreme CourtNew York Supreme CourtThe Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
, Civil Court, and Criminal Court collectively are lower.
- The courts of LouisianaLouisianaLouisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
and the Commonwealth of Puerto RicoPuerto RicoPuerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
are organized under a civil lawCivil law (legal system)Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
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 lawCommon lawCommon law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
system established originally in England. The court process used in these jurisdictions differs considerably from that used in the federal courts and the courts of other states in non-criminal cases. But, the U.S. Constitution requires these jurisdictions to use procedures similar to those of other U.S. jurisdictions in criminal cases.
- 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 persuasive statements of what the law should be in the state making the decision, where express statutory provisions do not control.
- Many states lack an intermediate appellate court. In these cases, litigants in general jurisdiction courts have the right to appeal their cases directly to the state supreme court. Many states have rules that permit certain cases such a death penalty cases and election cases directly to the state supreme court, even though most civil cases must be appealled first to an intermediate appellate court.
- In UtahUtahUtah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
, civil cases are appealed directly to the state supreme court, which then has the power to refer the case instead to an intermediate appellate court, rather than being appealled first to an intermediate appellate court and then to a state supreme court.
Civil cases
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 civil cases filed in federal court were bankruptcies. Just 0.3% of the non-bankruptcy civil cases in the state were filed in federal court.A large share of all civil cases filed in state courts are debt collection cases. For example, in Colorado, in 2002, about 87% of all civil cases filed in the courts of inferior jurisdiction were debt collection and eviction cases, while in the court of general jurisdiction, about 60% of all civil cases (other than domestic relations and probate cases) were debt collection, foreclosure and tax collection cases. A large share of the balance of civil cases in courts of limited jurisdiction involve temporary restraining orders, typically in non-marital domestic relations contexts, and name change petitions (generally for marriage, divorce or child custody reasons). A large share of the balance of civil cases in courts of general jurisdiction involve divorces, child custody disputes, child abuse cases, uncontested probate administrations, and personal injury cases that do not involve workplace injuries (which are usually handled through a non-judicial workers compensation process).
Many state court civil cases produce quick default judgments or pretrial settlements, but even considering only cases that actually go to trial, state courts are the dominant forum for civil cases. 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). http://www.courts.state.co.us/panda/statrep/ar2002/ar2002toc.htmhttp://www.uscourts.gov/caseload2002/contents.html Essentially all probate and divorce cases are also brought in state court, even if the parties involved live in different states. In practice, almost all real property evictions and foreclosures are handled in state court.
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 jurisdiction exclusively to the federal courts. Some of the most notable cases exclusively in federal jurisdiction are suits between state governments, suits involving ambassador
Ambassador
An ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....
s, certain intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
cases, federal criminal cases, bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
cases, large interstate class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
cases, and most securities fraud
Securities fraud
Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws....
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. There have been times in U.S. history where almost all small claims, even if they arose under federal law, were required to be brought in state courts.
State court systems usually have expedited procedures for civil disputes involving small dollar amounts (typically under $5,000 to $25,000 depending upon the state court in question), most of which involve collection of small contractual debts (such as unpaid credit cards) and landlord-tenant matters. Many states have small claims divisions where all parties proceed in civil cases without lawyers, often before a magistrate or justice of the peace. Federal courts do not have parallel small claims procedures and apply the same civil rules to all civil cases, which makes federal court an expensive venue for a private party to pursue a claim for a small dollar amount.
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, cases with a United States government party, and cases involving a diversity of citizenship between the parties).
Often, a plaintiff can bring a matter either to state court or to 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. If a plaintiff files suit in state court in such a case, the defendant can remove the case to federal court
Removal jurisdiction
In the United States, removal jurisdiction refers to the right of a defendant to move a lawsuit filed in state court to the federal district court for the federal judicial district in which the state court sits. This is a general exception to the usual American rule giving the plaintiff the right...
if a timely request is made to do so. Deciding on the jurisdiction (jurisdictional arbitrage
Jurisdictional arbitrage
Jurisdictional arbitrage is the practice of taking advantage of the discrepancies between competing legal jurisdictions. It takes its name from arbitrage, the practice in finance of purchasing a good at a lower price in one market and selling it at a higher price in another...
) 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 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.
In civil cases, all or some of the substantive law issues decided by a state court may be determined under the law of another state or country, if that state's choice of law
Choice of law
Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as sovereign states, federated states , or provinces...
rules provide for the application of another state's laws. For example, if someone sued a resident of Missouri in a Missouri state court for an automobile accident arising in France because it was not possible to obtain jurisdiction over the defendant in a French court for some reason, the Missouri state court might apply the French law applicable to lawsuits arising from automobile accidents. Similarly, a Missouri state court presented with a Last Will and Testament signed in Florida, might apply Florida law rather than Missouri law to determine if the document was signed with the proper formalities.
There is not a federal constitutional right to a trial by jury in a state civil case under the 7th Amendment to the United States Constitution, and not all states preserve a right to a civil jury in either their state constitution or state statutes. In practice, however, civil jury trials are available, generally on a similar basis to their availability in federal court, in every state except Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
. In these states, there is a general right to a jury trial in cases that would arise at law in colonial England, which generally includes most cases seeking simple money damages and no other relief. In practice, about three-quarters of all civil jury trials involved personal injury cases, and most of the rest involve breaches of contracts. In states where a state constitution provides for a right to a jury trial, or a right to open courts, this has sometimes been interpreted to confer not only a procedural right to a certain type of trial, but also a substantive right to have redress through the courts for the kinds of injuries that were compensable at common law.
Prior to trial, most proceedings in non-criminal courts are conducted via papers filed in the court, often through lawyers. In limited jurisdiction courts, it is not uncommon for an initial appearance to be made in person at which a settlement is often reached. In general jurisdiction state courts, it is not uncommon for all pre-trial matters to be conducted outside the court, with attorneys negotiating scheduling matters, pre-trial examinations of witnesses taking place in lawyer's office through depositions, and a settlement conference conducted by a private mediator at the mediator's office.
Criminal cases
About 91% of people in prison at any given time in the United States were convicted in state court for violating state criminal laws, rather than in federal court for violating federal criminal laws, including 99% of defendants sentenced to death. http://www.ojp.usdoj.gov/bjs/prisons.htmThe proportion of criminal cases brought in state court rather than federal court is higher than 91% because misdemeanor and petty offense prosecutions are disporportionately brought in state courts and most criminal prosecutions involve misdemeanors and petty offenses. The number of trials conducted in each system is another way to illustrate the relative size of the two criminal justice systems. In Colorado, in 2002, there were approximately 40 criminal trials in federal court, and there were 1,898 criminal trials (excluding hundreds of quasi-criminal trials in juvenile cases, municipal cases and infraction cases) in state courts, so only about 2% of criminal trials took place in federal court. Most jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
trials in the United States take place in criminal cases in state courts.
State courts do not have jurisdiction over criminal cases arising on Indian reservations even if those reservations are located in their state. Less serious crimes on Indian reservations are prosecuted in tribal courts. A large share of violent crime
Violent crime
A violent crime or crime of violence is a crime in which the offender uses or threatens to use violent force upon the victim. This entails both crimes in which the violent act is the objective, such as murder, as well as crimes in which violence is the means to an end, such as robbery. Violent...
s that are prosecuted in federal court arise on Indian reservation
Indian reservation
An American Indian reservation is an area of land managed by a Native American tribe under the United States Department of the Interior's Bureau of Indian Affairs...
s or federal property
Federal lands
Federal lands are lands in the United States for which ownership is claimed by the U.S. federal government.-Primary federal land holders:*Bureau of Land Management*United States Forest Service*United States Fish and Wildlife Service*National Park Service...
, where state courts lack jurisdiction, since tribal court jurisdiction is usually limited to less serious offenses. Federal crimes on federal property in a state are often defined with reference to state criminal law.
Federal courts disproportionately handle white-collar crime
White-collar crime
Within the field of criminology, white-collar crime has been defined by Edwin Sutherland as "a crime committed by a person of respectability and high social status in the course of his occupation" . Sutherland was a proponent of Symbolic Interactionism, and believed that criminal behavior was...
s, immigration-related crimes and drug offenses
Drug-Related Crime
In the United States, Illegal drugs are related to crime in multiple ways. Most directly, it is a crime to use, possess, manufacture, or distribute drugs classified as having a potential for abuse...
(these crimes make up about 70% of the federal docket, but just 19% of the state court criminal docket). http://www.courts.state.co.us/panda/statrep/ar2002/ar2002toc.htmhttp://www.uscourts.gov/caseload2002/contents.html Federal courts have the power to bring death penalty charges under federal law, even if they arise in states where there is no death penalty under state law, but the federal government rarely utilizes this right.
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 after all state court remedies (usually including a state court habeas corpus proceeding) have been exhausted. Some rights of criminal defendants that apply in federal court do not exist in state court. For example, in many states there is no constitutional right to be indicted by a grand jury before facing a criminal prosecution for a felony or infamous misdemeanor. Two states (Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
and Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
) do not require unanimous juries in non-capital criminal cases.
Unlike non-criminal cases, criminal proceedings in state courts are primarily conducted orally, in person, in open court.
Administration
In most, but not all states (CaliforniaCalifornia
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
and New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
are significant exceptions), the state supreme court or a related administrative body has the power to write the rules of procedure that govern the courts through a rule making process. In a few states, court procedures are largely dictated by state law.
Most states model their general jurisdiction trial court rules closely upon the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
with modifications to address types of cases that come up predominantly in state practice, and model their professional ethics rules closely upon models drafted by the American Bar Association with minor modifications. A minority of states, however, have idiosyncratic procedural rules, often based on the Field Code in place in many states before the Federal Rules of Civil Procedure were adopted. Importantly, neither California nor New York State follow the Federal Rules of Civil Procedure model.
Typically, state trial courts of limited jurisdiction have generally similar rules to state trial courts of general jurisdiction, but stripped of rules applicable to special cases like class actions and most pre-trial procedures (such as non-court ordered discovery).
Most state supreme courts also have general supervisory authority over the state court system. In this capacity they are responsible, for example, for making budget requests and administrative management decisions for the court system as a whole.
It is not uncommon for justice system functions like assisting indigent parents collect child support, and probation supervision, to be located bureaucratically in the judicial branch, rather than the executive branch. Some states give the judiciary supervisory authority over the law enforcement officers who provide court house security, enforce civil judgments and run the local jail, while reserve these functions for in executive branch governmental officials. Law enforcement officers who are in the judicial branch are typically called bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
s or marshal
Marshal
Marshal , is a word used in several official titles of various branches of society. The word is an ancient loan word from Old French, cf...
s. Law enforcement officers who are in the executive branch and serve a state court are often part of the office of the sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
in the county.
State court regulation of lawyers
Many state supreme courts are the primary regulatory body for lawyers in their state and determine who can practice law and when lawyers are sanctioned for violations of professional ethical rules, which are generally also put in place as state court rules. Typically, professional misconduct cases are heard in the first instance by a bar committee or special master, with appeals from rulings made at that level directly to the state supreme court, which has original jurisdictionOriginal jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
over the case and can consider new evidence. In some states, with what is known as an integrated bar this function is filled primarily by a state bar association. For example, the bar exam is administered only by states and by federal jurisdictions that substitute for states such as the District of Columbia and Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
. There is no federal bar exam (except in a few narrow subject matter specialties such as patent law).
In the United States, states take primary responsibility for regulating lawyers, while specific federal courts generally allow almost anyone admitted to the practice of law in the state in their jurisdiction to practice law before them if the attorney is in good standing with all state courts to which the attorney is admitted. This is generally handled on a federal court by federal court basis, and is revoked only for misconduct in that federal court or as reciprocal discipline for misconduct findings made by another jurisdiction.
All or almost all states practice reciprocal discipline, sanctioning lawyers found to have violated ethical rules in another state in their own state without a full hearing on the matter.
Relationship to federal courts
The relationship between state courts and federal courts is quite complicated. Although the United States ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
and federal laws override state laws where there is a conflict between federal and state law, state courts are not subordinate to federal courts. Rather, they are two parallel sets of courts with different often overlapping jurisdiction. While federal law is supreme relative to state law, federal courts are not always superior to state courts.
Under the 11th Amendment to the United States Constitution, federal courts are generally prohibited from exercising jurisdiction in civil lawsuits for money damages between a state government and a private party. This limitation does not generally, however, prohibit federal courts from considering suits by private parties against local governments, state and local officials, state sponsored entities that are not part of state government, or suits against states seeking injunctive relief but not money damages.
There are multiple areas such as tax collection and legislative action, where federal courts may not impose injunctions on states as a matter of federal statutory law.
Federal courts must defer to state courts in their the interpretation of state laws, and sometimes "certify" a question of state law in a case pending before it to the highest state court in the state, if state law is unsettled on the issue.
As a general rule, federal courts, other than the U.S. Supreme Court, do not resolve federal law issues pending in state courts. This is true even when, for example, two different state courts reach conflicting interpretations of a federal law in cases involving the same parties litigating the same issues in more than one forum, such as jurisdictional issues arising under the Federal Parental Kidnapping Protection Act.
Some state courts may certify a question of federal law to a federal court, but this is less common and is generally not mandatory.
While there are multiple ways that federal courts can review state court decisions for violations of state law, in practice, there is virtually no federal court review of state courts in civil cases, and there is in practice, very little meaningful federal court review of state courts in criminal cases where the death penalty is not imposed. There is substantial review by the federal courts, in practice, of state court decisions to impose the death penalty, however.
Removal and remand
In cases where federal court and state court jurisdiction overlap, cases can usually be "removed" from state court to federal court by a party, but this right is often subject to strict procedural limitations. A failure to make a timely assertion of a right to a federal forum can cause a case within federal jurisdiction on its face, to be triable only in state court.In a case with some issues that are within the jurisdiction of a federal court, and others that are within state court jurisdiction, a case can often still be "removed" to federal court. But, if the federal court then resolves the issues that give rise to its jurisdiction, the case may be "remanded" back to state court.
Removal and remand are primarily matters of federal statutory law.
Direct appellate review of state court decisions
The U.S. Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
can (but are not required to) 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 an important question of constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
or federal law. Generally speaking the U.S. Supreme Court does not review decisions of state courts that depend entirely on the resolution of a state law issue.
For example, the U.S. Supreme Court will generally not consider an appeal of a state court determination that someone has both a state constitutional right and a federal constitutional right, if the result would be no different if that person had only a state constitutional right.
Normally 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 reviews of state court decisions involve review of the constitutional rights of state court criminal defendants. A disproportionate share of the state court criminal cases reviewed on direct appeal by the U.S. Supreme Court involve death penalty cases.
In a typical state, multiple years will pass between U.S. Supreme Court reviews of a state court decision in a civil case, despite the fact that more than 97% of civil cases are brought in state courts rather than federal court.
Civil cases
The doctrines of collateral estoppelCollateral estoppel
Collateral estoppel , known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that "once a court has decided an issue of fact or law necessary to its judgment, that decision .....
and res judicata
Res judicata
Res judicata or res iudicata , also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine...
require any state or federal court deciding matters resolved on the merits by a court with jurisdiction between the parties or certain closely related parties differently than the way that they were previously adjudicated. The doctrine of collateral estoppel
Collateral estoppel
Collateral estoppel , known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that "once a court has decided an issue of fact or law necessary to its judgment, that decision .....
pertains to specific issues decided in prior cases. The doctrine of res judicata
Res judicata
Res judicata or res iudicata , also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine...
applies to an entire case.
Under the Rooker-Feldman doctrine, federal trial courts are prohibited from considering matters already resolved in a state court civil action that is in the nature of an appeal, even on an issue of federal law. Federal courts are prohibited from issuing injunctions against certain kinds of activities of states, such as their tax collection activities, or directing state legislative bodies to take particular actions.
Federal bankruptcy court petitions generally interrupt pending state court proceedings in civil matters involving the petitioner (with select exceptions, primarily for domestic relations matters). The bankruptcy court then determines if the interrupted state court proceeding should be returned to state court for resolution, or should be resolved in a federal bankruptcy court adversarial proceeding, based upon the applicable bankruptcy law. Bankruptcy courts also have the power to discharge debts and obligations arising from state court judgments in accordance with federal bankrtupcy law.
Criminal cases
In criminal cases, under a theory of dual sovereignty, both the state government and the federal government may independently prosecute crimes arising out of the same criminal conduct, even if the dual prosecution would violate the right to not be tried more than once for the same offense if the prosecutions had both happened at the state level or had both happened at the federal level. Generally, the United States Justice Department does not engage in prosecutions of crimes prosecuted at the state level as a matter of policy, and generally, the United States Justice Department and local prosecutors cooperate in deciding which level of government will prosecute which crimes, but this cooperation is a matter of comityComity
In law, comity specifically refers to legal reciprocity—the principle that one jurisdiction will extend certain courtesies to other nations , particularly by recognizing the validity and effect of their executive, legislative, and judicial acts...
, rather than a constitutional requirement.
While rare, federal reprosecution of a crime tried in state court that produced an acquittal can be the functional equivalent of a trial de novo appeal of a state court prosecution, and vice versa.
Federal court review may review state court judgments in criminal cases by ruling on petitions for a federal writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, in which a federal court is asked to review whether a defendant has been given due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
of law as defined under federal law. Normally, federal habeas corpus petitions are filed in the U.S. District Court for the appropriate district, which is the federal trial court, but only after all remedies in the state court system, including state court habeas corpus petitions or the equivalent, have been exhausted. This process typically takes several years. But, 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. Review of the merits of the trial court case is generally prohibited. Habeas corpus review is granted in, on average, 75 death penalty cases and 380 non-death penalty cases per year, in the entire United States, from about 190 petitions in death penalty cases and about 19,000 non-death penalty criminal cases filed each year in the entire United States.
Federal courts also indirectly apply federal law to state and local officials, including those involved in the court process, by hearing civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
cases brought against individuals and local governments for money damages and injunctive relief. Prisoner's in state prisons may also file prisoner's petitions in federal court alleging civil rights violations by correctional officials, and these petitions often make up a large share of the civil cases filed in a given federal court, but relief is very rarely granted in such cases. When the person or class of persons bringing the suit prevails, the result is often a consent decree
Consent decree
A consent decree is a final, binding judicial decree or judgment memorializing a voluntary agreement between parties to a suit in return for withdrawal of a criminal charge or an end to a civil litigation...
that gives a federal court, or a special master appointed by a federal court, supervisory authority over the way that a state or local government entity carries out its duties. For example, if a local law enforcement agency is alleged to have engaged in racial profiling
Racial profiling
Racial profiling refers to the use of an individual’s race or ethnicity by law enforcement personnel as a key factor in deciding whether to engage in enforcement...
it would not be unusual for the case to be resolved by having the local law enforcement agency adopt procedures to be used in traffic stops, with compliance supervised by a federal trial court judge. Similarly, lawsuits alleging some types of police misconduct and prosecutorial misconduct may often be brought in federal court, and federal courts may enjoin state officials from enforcing state laws found to be unconstitutional in a federal lawsuit, under threat of being held personally in contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
for doing otherwise.
Academic scholarship
Despite the predominance of state courts in terms of cases handled, most academic scholarship concerning courts takes place at the federal level, because it has greater relevance in a national market for academic scholarship, because federal courts generally have more accessible records, and because many important kinds of litigation are handled primarily at the federal level. The core curriculum in American law schoolLaw school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
s, however, is largely devoted to matters primarily litigated in state courts, such as contract disputes, trusts and estates, personal injury cases, common law crimes, constitutional criminal procedure, family law, property law, commercial transactions, and state corporate law. These casebooks in these coure classes primarily consist of landmark state appellate court decisions.
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 Trial court A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :... (trial courts) | Intermediate appellate court Appellate court An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal... | Court of last resort Supreme court A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court... (State supreme court State supreme court In the United States, the state supreme court is the highest state court in the state court system .... ) |
|---|---|---|---|
| Alabama Alabama Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland... |
Alabama Circuit Courts Alabama Circuit Courts The Alabama Circuit Courts are the state trial courts of general jurisdiction in the State of Alabama. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts has authority to try cases with an amount in controversy of more than $3,000 and has exclusive... (41 judicial districts) (general jurisdiction) Alabama District Courts (limited jurisdiction) Alabama Probate Courts (probate jurisdiction only) Alabama Municipal Courts (limited jurisdiction) |
Court of Civil Appeals Court of Criminal Appeals (-1969: single Court of Appeals) |
Supreme Court Alabama Supreme Court The Supreme Court of Alabama is the highest court in the state of Alabama. The court consists of an elected Chief Justice and eight elected Associate Justices. Each justice is elected in partisan elections for staggered six year terms. The Governor of Alabama may fill vacancies when they occur... |
| Alaska Alaska Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait... |
Alaska Superior Court Alaska Court System The Alaska Court System is the unified, centrally administered, and totally state-funded judicial system for the State of Alaska. It has four levels of state courts: the Alaska Supreme Court, the Alaska Court of Appeals, the Alaska Superior Court, and the Alaska District Court... (four districts) (general jurisdiction) Alaska District Court (four districts) (limited jurisdiction) City Courts (some municipalities only) (limited jurisdiction) |
Court of Appeals Alaska Court of Appeals The Alaska Court of Appeals is an intermediary court of appeals in the State of Alaska's judicial department , created in 1980 by the Alaska Legislature as an additional appellate court to lessen the burden on the Alaska Supreme Court... |
Supreme Court Alaska Supreme Court The Alaska Supreme Court is the state supreme court in the State of Alaska's judicial department . The supreme court is composed of the chief justice and four associate justices, who are all appointed by the governor of Alaska and face judicial retention elections and who choose one of their own... |
| Arizona Arizona Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix... |
Arizona Superior Courts Arizona Superior Courts Arizona Superior Courts are the trial courts of the U.S. state of Arizona. These include:*Maricopa County Superior Court*Pima County Superior Court*Cochise County Superior Court*Coconino County Superior Court*Gila County Superior Court... (15 counties) (general jurisdiction) Arizona Justice Courts (15 counties) (limited jurisdiction) |
Court of Appeals Arizona Court of Appeals The Arizona Court of Appeals is the intermediate appellate court for the State of Arizona. It is divided into two divisions, with a total of twenty-two judges on the court: sixteen in Division One, based in Phoenix, and six in Division Two, based in Tucson.... (two divisions) |
Supreme Court Arizona Supreme Court The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. It consists of a Chief Justice, a Vice Chief Justice, and three associate justices. Each justice is appointed by the governor of Arizona from a list recommended by a bipartisan commission. Justices stand for... |
| Arkansas Arkansas Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River... |
Arkansas Circuit Courts (23 judicial circuits) (general jurisdiction) Arkansas District Courts (counties) (formerly Arkansas Municipal Courts) (limited jurisdictions) Arkansas City Courts (89 courts) (some municipalities only) (limited jurisdictions) |
Court of Appeals Arkansas Court of Appeals The Arkansas Court of Appeals is the intermediate appellate court for the state of Arkansas. It was created in 1978 by Amendment 58 of the Arkansas Constitution, which was implemented by Act 208 of the Arkansas General Assembly in 1979... |
Supreme Court Arkansas Supreme Court The Arkansas Supreme Court is the highest court in the U.S. state of Arkansas. Since 1925, it has consisted of a Chief Justice and six Associate Justices, and at times Special Justices are called upon in the absence of a regular justice... |
| California California California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area... |
Superior Courts of California Superior Courts of California The Superior Courts of California are the superior courts in the U.S. state of California with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a government agency... (58 counties) (general jurisdiction) |
Courts of Appeal (six appellate districts) | Supreme Court Supreme Court of California The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:... |
| Colorado Colorado Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains... |
Colorado County Courts (limited jurisdiction) (64 counties) Colorado District Courts Colorado District Courts Colorado District Courts are the state trial courts of general jurisdiction in the U.S. state of Colorado.They have original jurisdiction in civil cases with any amount in controversy; felony criminal cases, domestic relations, family law, and cases involving minors cases , probate, and mental health... (general jurisdiction) (22 judicial districts) |
Court of Appeals Colorado Court of Appeals The Colorado Court of Appeals is the intermediate-level appellate court for the state of Colorado. It was established by statute by the Colorado General Assembly under Article VI, Section 1 of the Constitution of Colorado.-Jurisdiction:... |
Supreme Court Colorado Supreme Court The Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the Court consists of a Chief Justice and six Associate Justices.-Appellate jurisdiction:... |
| Connecticut Connecticut Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately... |
Connecticut Probate Courts Connecticut Probate Courts The Connecticut Probate Court system is a system of 54 individual probate courts located throughout the state of Connecticut. The jurisdiction of each court extends to the legal affairs of the deceased, estates, some aspects of family law, conservatorship, and several other matters requiring... (probate) Connecticut Superior Court Connecticut Superior Court The Connecticut Superior Court is the Connecticut state trial court of general jurisdiction. It hears all matters other than those heard by the Connecticut Probate Courts... (general jurisdiction) (13 judicial districts) |
Appellate Court | Supreme Court Connecticut Supreme Court The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit in Hartford, across the street from the Connecticut State Capitol... (previously: Supreme Court of Errors) |
| Delaware Delaware Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania... |
Superior Court Delaware Superior Court The Delaware Superior Court is the state trial court of general jurisdiction in the state of Delaware. It has original jurisdiction over most criminal and civil cases... (previously: Superior Court and Orphans' Court) Court of Chancery Delaware Court of Chancery The Delaware Court of Chancery is a court of equity in the American state of Delaware. It is one of Delaware's three constitutional courts, along with the Supreme Court and Superior Court.-Jurisdiction:... |
(none) | Supreme Court Delaware Supreme Court The Supreme Court of Delaware is the sole appellate court in the United States' state of Delaware. Because Delaware is a popular haven for corporations, the Court has developed a worldwide reputation as a respected source of corporate law decisions, particularly in the area of mergers and... (previously: Court of Errors and Appeals) |
| District of Columbia | Superior Court Superior Court of the District of Columbia The Superior Court of the District of Columbia is the local trial court for the District of Columbia. It hears cases involving criminal and civil law. The court also handles specialized cases in the following areas: family court, landlord and tenant, probate, tax, and traffic offenses... |
(none) | Court of Appeals District of Columbia Court of Appeals The District of Columbia Court of Appeals is the highest court of the District of Columbia. Established by the United States Congress in 1970, it is equivalent to a state supreme court, except that its power derives from Article I of the U.S. Constitution rather than from the inherent sovereignty... (previously: Municipal Court of Appeals) |
| Florida Florida Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it... |
Florida Circuit Courts Florida Circuit Courts The Florida Circuit Courts are state courts. They are trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution .The Circuit Courts primarily handle civil cases where... (general jurisdiction) (20 judicial circuits) Florida County Courts (limited jurisdiction) (67 counties) |
District Court of Appeal Florida District Courts of Appeal The Florida District Courts of Appeal are the intermediate appellate courts of the Florida state court system. There are five DCAs:*The First District Court of Appeal is headquartered in Tallahassee... (5 districts) |
Supreme Court Florida Supreme Court The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each... |
| Georgia Georgia (U.S. state) Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788... |
Georgia Superior Courts Georgia Superior Courts The Superior Court is Georgia’s general jurisdiction trial court. It has exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land. The exclusive jurisdiction of this court also covers such matters as declaratory judgments, habeas corpus, mandamus, quo... (49 judicial circuits) (general jurisdiction) State Court (limited jurisdiction) (159 counties) Juvenile Courts (limited jurisdiction) Probate Courts (159 counties) Magistrate Courts (159 counties) Municipal and Special Courts (limited jurisdiction) (some municipalities only) (approximately 400 courts) |
Court of Appeals Georgia Court of Appeals The Georgia Court of Appeals is the intermediate-level appellate court for the U.S. state of Georgia.-Founding of the court:The genesis of the Court of Appeals began with a report by the State Bar of Georgia in 1895, suggesting that the Georgia State Legislature create a new intermediate appellate... |
Supreme Court |
| Hawaii Hawaii Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of... |
District Courts Hawaii State District Courts The Hawaii State District Courts are a level of state courts in Hawaii.In addition, the District Courts have jurisdiction over:*Civil cases with an amount in controversy not in excess of $25,000 or where the relief sought is specific performance valued under $25,000... (limited jurisdiction) Circuit Courts Hawaii State Circuit Courts The Hawaii State Circuit Courts are the trial courts of general jurisdiction in Hawaii. They are the primary civil and criminal courts of the Hawaii State Judiciary. The Circuit Courts are the only Hawaii state courts to conduct jury trials... (general jurisdiction) (four circuits) |
Intermediate Court of Appeals Hawaii Intermediate Court of Appeals The Hawaii State Intermediate Court of Appeals is the intermediate appellate court of the Hawaii State Judiciary.It shares jurisdiction over appeals from lower courts with the Hawaii State Supreme Court... |
Supreme Court |
| Idaho Idaho Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state.... |
District Court (general jurisdiction) (7 judicial districts) | Court of Appeals | Supreme Court Idaho Supreme Court The Idaho Supreme Court is the state supreme court of the state of Idaho, composed of the chief justice and four associate justices.The decisions of the Idaho Supreme Court are binding on all other Idaho state courts.The only court that may reverse or modify its decisions is the Supreme Court of... |
| Illinois Illinois Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,... |
Illinois Circuit Courts Illinois Circuit Courts The Illinois Circuit Courts are state courts of the U.S. state of Illinois. They are trial courts of original jurisdiction. There are 23 judicial circuits in the state, each comprising one or more of Illinois' 102 counties. Five circuits comprise solely of a single county - Cook, Will, DuPage,... (23 judicial circuits) |
Appellate Court Illinois Appellate Court The Illinois Appellate Court is the court of first appeal for civil and criminal cases arising in the Illinois Circuit Courts. Three Illinois Appellate Court judges hear each case and the concurrence of two is necessary to render a decision. The Illinois Appellate Court will render its opinion in... (5 districts) |
Supreme Court |
| Indiana Indiana Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is... |
City and Town Courts (limited jurisdiction) (47 city courts and 28 town courts) Indiana Superior Courts (177 divisions) (general jurisdiction) Indiana Circuit Court (90 circuits) (general jurisdiction) |
(District) Court of Appeals Indiana Court of Appeals The Indiana Court of Appeals is the intermediate-level appellate court for the state of Indiana. It is the successor to the Indiana Appellate Court.-History:... (5 districts) (previously: Appellate Court) |
Supreme Court Supreme Court of Indiana The Supreme Court of Indiana is the state supreme court of Indiana. The court was established by Article Seven of the Indiana Constitution and is the highest judicial authority within Indiana... |
| Iowa Iowa Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New... |
District Court (8 districts) |
Court of Appeals Iowa Court of Appeals The Iowa Court of Appeals is the intermediate-level appellate court of the state of Iowa. Its purpose is to review appeals from trial court decisions which are referred to the court by the Iowa Supreme Court... |
Supreme Court Iowa Supreme Court The Iowa Supreme Court is the highest court in the U.S. state of Iowa. As constitutional head of the Iowa Judicial Branch, the Court is composed of a Chief Justice and six Associate Justices.... |
| Kansas Kansas Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south... |
Kansas Municipal Courts (limited jurisdiction, in some municipalities only) Kansas District Courts (31 districts) (general jurisdiction) |
Court of Appeals Kansas Court of Appeals The Kansas Court of Appeals is the intermediate-level appellate court for the U.S. state of Kansas.-History:The Kansas Legislature crated the first Kansas Court of Appeals in 1895, to help the Kansas Supreme Court with an increasingly heavy caseload. The original statute that created the court... |
Supreme Court Kansas Supreme Court The Kansas Supreme Court is the highest judicial authority in the state of Kansas. Composed of seven justices, led by Chief Justice Lawton Nuss, the Court supervises the legal profession, administers over the judicial branch, and serves as the state court of last resort in the appeals... |
| Kentucky Kentucky The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth... |
Kentucky District Court (limited jurisdiction) (60 districts) Kentucky Circuit Courts Kentucky Circuit Courts The Kentucky Circuit Courts are the state courts of general jurisdiction in the U.S. state of Kentucky.The Circuit Courts are trial courts with original jurisdiction in cases involving capital offenses, felonies, land disputes, contested probates of wills, and civil lawsuits in disputes with an... (general jurisdiction) (57 circuits) |
Court of Appeals Kentucky Court of Appeals The Kentucky Court of Appeals is the lower of Kentucky's two appellate courts, under the Kentucky Supreme Court. Prior to a 1975 amendment to the Kentucky Constitution the Kentucky Court of Appeals was the only appellate court in Kentucky.... |
Supreme Court Kentucky Supreme Court The Kentucky Supreme Court was created by a 1975 constitutional amendment and is the state supreme court of the commonwealth of Kentucky. Prior to that the Kentucky Court of Appeals was the only appellate court in Kentucky... (-1976: Court of Appeals) |
| Louisiana Louisiana Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties... |
District Court (40 districts) |
(Circuit) Courts of Appeal (5 circuits) |
Supreme Court Louisiana Supreme Court The Supreme Court of Louisiana is the highest court and court of last resort in the U.S. state of Louisiana. The modern Supreme Court, composed of seven justices, meets in the French Quarter of New Orleans.... (-1813: Superior Court) |
| Maine Maine Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost... |
Superior Court Maine Superior Court The Maine Superior Court is the trial court of general jurisdiction in the Maine state court system.All state jury trials are held in the Superior Court. The court is located in each of Maine's 16 counties . The Court consists of 17 justices who all have statewide jurisdiction and travel to the... |
(none) | Supreme Judicial Court Maine Supreme Judicial Court The Maine Supreme Judicial Court is the highest court in Maine's judicial system. Known as the Law Court when sitting as an appellate court, it is composed of seven justices, who are appointed by the Governor and confirmed by the Maine Senate... |
| Maryland Maryland Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east... |
Circuit Court (8 judicial circuits) |
Court of Special Appeals Maryland Court of Special Appeals The Maryland Court of Special Appeals is the intermediate appellate court for the U.S. state of Maryland. The Court of Special Appeals was created in 1966 in response to the rapidly growing caseload in the Maryland Court of Appeals. Like the state's highest court, the tribunal meets in the Robert C... |
Court of Appeals Maryland Court of Appeals The Court of Appeals of Maryland is the supreme court of the U.S. state of Maryland. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis... |
| Massachusetts Massachusetts The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010... |
Superior Court (14 divisions) |
Appeals Court Massachusetts Appeals Court The Massachusetts Appeals Court is the intermediate appellate court of Massachusetts. It was created in 1972 as a court of general appellate jurisdiction... |
Supreme Judicial Court Massachusetts Supreme Judicial Court The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:... |
| Michigan Michigan Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake".... |
Municipal Court (limited jurisdiction) (five Grosse Pointe Grosse Pointe Grosse Pointe refers to a coastal area in Metro Detroit, Michigan, United States that comprises five adjacent individual communities. From southwest to northeast, they are:*Grosse Pointe Park, city*Grosse Pointe, city*Grosse Pointe Farms, city... cities only) Michigan Probate Courts (probate) (79 courts) Michigan District Courts (limited jurisdiction) (105 districts) Michigan Circuit Court (general jurisdiction) (57 circuits) Court of Claims |
Court of Appeals Michigan Court of Appeals The Michigan Court of Appeals is the intermediate-level appellate court of the state of Michigan. It was created by the Michigan Constitution of 1963, and commenced operations in 1965... |
Supreme Court Michigan Supreme Court The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and consists of seven justices who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot... |
| Minnesota Minnesota Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state... |
District Court Minnesota District Courts The Minnesota District Courts are the state trial courts of general jurisdiction in the U.S. state of Minnesota.The Minnesota Constitution provides that the district court has original jurisdiction in civil and criminal cases and such appellate jurisdiction as may be prescribed by law.Each district... (10 districts) |
Court of Appeals Minnesota Court of Appeals The Minnesota Court of Appeals is the intermediate appellate court for the state of Minnesota. It began operating on November 1, 1983. It is housed in the Minnesota Judicial Center in St... |
Supreme Court Minnesota Supreme Court The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota and consists of seven members. The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside of the region who were appointed by... |
| Mississippi Mississippi Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi... |
Mississippi Circuit Court (22 districts) (court of law, general jurisdiction) Mississippi Chancery Courts (20 districts) (court of equity Court of equity A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England... , other subject matters) Mississippi County Courts (limited jurisdiction) Mississippi Justice Courts (limited jurisdiction) |
Court of Appeals Mississippi Court of Appeals The Mississippi Court of Appeals is the intermediate-level appellate court for the state of Mississippi. The court was created by the Mississippi Legislature to relieve a backlog of cases in the Supreme Court of Mississippi, and commenced operations in 1995.... |
Supreme Court |
| Missouri Missouri Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It... |
Circuit Court Missouri Circuit Courts The Missouri Circuit Courts are the state trial courts of original jurisdiction and general jurisdiction of the state of Missouri.-Jurisdiction:The Missouri Constitution provides for the Circuit Courts in Article V, Judicial Department.-List of circuits:... (45 circuits) |
(District) Court of Appeals Missouri Court of Appeals The Missouri Court of Appeals is the intermediate appellate court for the state of Missouri. The court handles most of the appeals from the Missouri Circuit Courts. The court is divided into three districts: Eastern The Missouri Court of Appeals is the intermediate appellate court for the state... (3 districts) |
Supreme Court |
| Montana Montana Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,... |
District Court (22 judicial districts) |
(none) | Supreme Court Montana Supreme Court The Montana Supreme Court is the highest court of the Montana state court system in the U.S. state of Montana. It is established and its powers defined by Article VII of the 1972 Montana Constitution... |
| Nebraska Nebraska Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River.... |
District Court (12 districts) |
Court of Appeals Nebraska Court of Appeals The Nebraska State Court of Appeals is the intermediate level appellate court for the state of Nebraska.-Judges:*Judge Theodore Carlson*Judge William Cassel*Chief Judge Everett Inbody*Judge John Irwin*Judge Frankie Moore*Judge Richard Sievers... |
Supreme Court Nebraska Supreme Court The Nebraska Supreme Court is the highest court in the U.S. state of Nebraska. The Court consists of a Chief Justice and six Associate Justices. Each Justice is initially appointed by the Governor of Nebraska; using the Missouri Plan, each Justice is then subject to a retention vote for additional... |
| Nevada Nevada Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its... |
District Court Nevada District Courts The Nevada District Courts are the trial courts of general jurisdiction in the Nevada state court system.In the District Courts "criminal, civil, family, and juvenile matters are generally resolved through arbitration, mediation, and bench or jury trials."... (9 districts) |
(none) | Supreme Court |
| New Hampshire New Hampshire New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian... |
Superior Court New Hampshire Superior Court The New Hampshire Superior Court is the statewide court of general jurisdiction which provides jury trials in civil and criminal cases. There are 11 locations of the Superior Court, one for each county and two in Hillsborough County.-Jurisdiction:... |
(none) | Supreme Court New Hampshire Supreme Court The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive... |
| New Jersey New Jersey New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware... |
(Vicinage) Superior Court New Jersey Superior Court The Superior Court is the state court in the U.S. state of New Jersey, with state-wide trial and appellate jurisdiction. The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts... (15 vicinages), has separate law & equity divisions |
Superior Court, Appellate Division (previously: Court of Chancery, Supreme Court, and Prerogative Court) |
Supreme Court New Jersey Supreme Court The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776... (previously: Court of Errors and Appeals) |
| New Mexico New Mexico New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S... |
District Court (13 judicial districts) |
Court of Appeals New Mexico Court of Appeals The New Mexico Court of Appeals is the intermediate-level appellate court for the state of New Mexico.-Jurisdiction:The court has general appellate jurisdiction over the state district courts and certain state agencies... |
Supreme Court New Mexico Supreme Court The New Mexico Supreme Court is the highest court in the U.S. state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution... |
| New York New York New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east... |
(District) Supreme Court New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties... (12 judicial districts) County Court (57 counties) |
Supreme Court, Appellate Term (3 judicial departments) Supreme Court, Appellate Division New York Supreme Court, Appellate Division The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate... (4 departments) |
Court of Appeals New York Court of Appeals The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms... (-1848: Court for the correction of Errors, Supreme Court of Judicature, and Court of Chancery) |
| North Carolina North Carolina North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte... |
District Court (limited jurisdiction) Superior Court (46 districts) |
Court of Appeals North Carolina Court of Appeals The North Carolina Court of Appeals is the only intermediate appellate court in the state of North Carolina. It is composed of fifteen members who sit in rotating groups of three... |
Supreme Court North Carolina Supreme Court The Supreme Court of North Carolina is the state's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists of six associate justices and one chief justice, although the number of justices... |
| North Dakota North Dakota North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S.... |
District Court (7 judicial districts) |
(none) | Supreme Court North Dakota Supreme Court The North Dakota Supreme Court is the highest court of law in the state of North Dakota. The Court rules on questions of law in appeals from the state's district courts.... |
| Ohio Ohio Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus... |
(County) Court of Common Pleas Ohio Courts of Common Pleas The Ohio Courts of Common Pleas are the trial courts of the state court system of Ohio.The courts of common pleas are the trial courts of general jurisdiction in the state. They are the only trial courts created by the Ohio Constitution . The duties of the courts are outlined in Article IV, Section... (88 counties) |
(District) Court of Appeals (12 districts) |
Supreme Court |
| Oklahoma Oklahoma Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state... |
District Court (26 judicial districts with 77 district courts) |
Court of Civil Appeals Oklahoma Court of Civil Appeals The Oklahoma Court of Civil Appeals is an intermediate appellate court in the state of Oklahoma.Cases are assigned to it by the Oklahoma Supreme Court, the state's highest court for civil matters.... |
Supreme Court Oklahoma Supreme Court The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma.... Court of Criminal Appeals Oklahoma Court of Criminal Appeals The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government.... (1907-1959: Criminal Court of Appeals) |
| Oregon Oregon Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern... |
(District) Circuit Court Oregon circuit courts Oregon's circuit courts are general jurisdiction trial courts of the U.S. state of Oregon. These courts hear civil and criminal court cases.The state has 27 circuit court districts, most of which correspond to the boundaries of the Oregon's 36 counties... (36 courts administratively divided between 27 judicial districts) |
Court of Appeals Oregon Court of Appeals The Oregon Court of Appeals is the state intermediate appellate court in the U.S. state of Oregon. Part of the Oregon Judicial Department, it has ten judges and is located in Salem... |
Supreme Court Oregon Supreme Court The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol... |
| Pennsylvania Pennsylvania The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to... |
County Court of Common Pleas (60 judicial districts) |
Superior Court Superior Court of Pennsylvania The Superior Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts, the other being the Commonwealth Court of Pennsylvania. Appeal to the Superior Court is generally of right from final decisions of the Court of Common Pleas... Commonwealth Court Commonwealth Court of Pennsylvania The Commonwealth Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts. The Commonwealth Court's headquarters is in Harrisburg, Pennsylvania. The Superior Court of Pennsylvania is the other intermediate appellate court in the Pennsylvania Unified Judicial System... |
Supreme Court Supreme Court of Pennsylvania The Supreme Court of Pennsylvania is the court of last resort for the Commonwealth of Pennsylvania. It meets in Philadelphia, Pittsburgh, and Harrisburg, Pennsylvania.-History:... |
| Rhode Island Rhode Island The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area... |
Superior Court | (none) | Supreme Court Rhode Island Supreme Court The Rhode Island Supreme Court, founded in 1747, is the court of last resort in the U.S. State of Rhode Island and Providence Plantations. The Court consists of a chief justice and four associate justices. The current Justices of the Rhode Island Supreme Court are:*Chief Justice Paul A... |
| South Carolina South Carolina South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence... |
Circuit Court South Carolina Circuit Court The South Carolina Circuit Court is the state court of general jurisdiction of the U.S. state of South Carolina. It consists of a civil division and a criminal division .... (16 circuits) |
Court of Appeals South Carolina Court of Appeals The South Carolina Court of Appeals is the intermediate-level appellate court for the state of South Carolina.-Jurisdiction:The Court of Appeals hears most appeals from the Circuit Courts and Family Courts of South Carolina that do not fall within the seven classes of cases over which the South... |
Supreme Court South Carolina Supreme Court The South Carolina Supreme Court is the highest court in the U.S. state of South Carolina. The court is composed of a Chief Justice and four Associate Justices.-Selection of Justices:... |
| South Dakota South Dakota South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over... |
Circuit Court (7 circuits) |
(none) | Supreme Court South Dakota Supreme Court The South Dakota Supreme Court is the highest court in the state of South Dakota. It is composed of a chief justice and four associate justices appointed by governor and selected from five different appointment districts. Justices face a nonpolitical retention election three years after appointment... |
| Tennessee Tennessee Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area... |
(District) Circuit Court (31 judicial districts) (District) Criminal Court (31 judicial districts) (District) Chancery Court (31 judicial districts) |
(Grand Division) Court of Appeals Tennessee Court of Appeals The Tennessee Court of Appeals was created in 1925 by the Tennessee General Assembly as an intermediate appellate court to hear appeals in civil cases from the Tennessee state trial courts.... (3 grand divisions) (Grand Division) Court of Criminal Appeals Tennessee Court of Criminal Appeals The Court of Criminal Appeals is one of Tennessee's two intermediate appellate courts. It hears trial court appeals in felony and misdemeanor cases, as well as post-conviction petitions. Appeals in civil cases are heard by the Tennessee Court of Appeals.... (3 grand divisions) |
Supreme Court Tennessee Supreme Court The Tennessee Supreme Court is the state supreme court of the state of Tennessee. Cornelia Clark is the current Chief Justice.Unlike other states, in which the state attorney general is directly elected or appointed by the governor or state legislature, the Tennessee Supreme Court appoints the... |
| Texas Texas Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in... |
District Court (420 districts) |
(District) Court of Appeals Texas Courts of Appeals The Texas Courts of Appeals are part of the Texas judicial system. In Texas, all cases appealed from the district level, both criminal and civil, may be heard by one of the fourteen Texas Courts of Appeals. The exception is for cases where the death penalty is a factor; these cases go directly to... (14 districts) |
Supreme Court Texas Supreme Court The Supreme Court of Texas is the court of last resort for non-criminal matters in the state of Texas. A different court, the Texas Court of Criminal Appeals, is the court of last resort for criminal matters.The Court is composed of a Chief Justice and eight Associate Justices... (civil cases); Court of Criminal Appeals Texas Court of Criminal Appeals The Texas Court of Criminal Appeals is the court of last resort for all criminal matters in the State of Texas, United States. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges.... |
| Utah Utah Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the... |
District Court (8 districts) |
Court of Appeals Utah Court of Appeals The Utah Court of Appeals is the intermediate-level appellate court for the state of Utah. It began operations in 1987.-Jurisdiction:The court's jurisdiction is complementary to that of the Utah Supreme Court. The Court of Appeals hears all appeals from the Juvenile and District Courts, except... |
Supreme Court Utah Supreme Court The Utah Supreme Court is the supreme court of the state of Utah, USA. It has final authority of interpretation of the Utah Constitution. The Utah Supreme Court is composed of five members: a chief justice, an associate chief justice, and three justices. All justices are appointed by the governor... |
| Vermont Vermont Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England... |
Superior Court District Court Family Court Vermont court system The Vermont court system is the state court system of Vermont, charged with Vermont law. All officers are considered state employees, whether elected or appointed.-Vermont Constitution:... |
(none) | Supreme Court Vermont Supreme Court The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont and is one of seven state courts of Vermont.The Court consists of a chief justice and four associate justices; the Court mostly hears appeals of cases that have been decided by other courts... |
| Virginia Virginia The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there... |
Virginia Circuit Court Virginia Circuit Court The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts has authority to try cases with an amount in controversy of more than $4,500 and has... (120 courts divided among 31 judicial circuits) (general jursidiction) Virginia General District Court (courts in 32 districts) (limited jurisdiction) Virginia Juvenile and Domestic Relations District Court (courts in 32 districts) (limited jurisdiction) |
Court of Appeals Court of Appeals of Virginia The Court of Appeals of Virginia, established January 1, 1985, is an eleven-judge body that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in panels of at least three judges, and sometimes hears cases en banc... |
Supreme Court (previously: Supreme Court of Appeals) |
| Washington | (County) Superior Court Washington court system In Washington, there are several different state courts. Judges are elected and serve four-year or six-year terms. Most judges first come to office when the governor of Washington appoints them after a vacancy is created - either by the death, resignation, retirement, or removal of a sitting judge,... (39 counties) (general jurisdiction) (County) District Court Washington court system In Washington, there are several different state courts. Judges are elected and serve four-year or six-year terms. Most judges first come to office when the governor of Washington appoints them after a vacancy is created - either by the death, resignation, retirement, or removal of a sitting judge,... (39 counties) (limited jurisdiction) Municipal Courts Washington court system In Washington, there are several different state courts. Judges are elected and serve four-year or six-year terms. Most judges first come to office when the governor of Washington appoints them after a vacancy is created - either by the death, resignation, retirement, or removal of a sitting judge,... (127 courts) (limited jurisdiction) (some municipalities only) |
(Division) Court of Appeals Washington Court of Appeals The Washington Court of Appeals is the intermediate level appellate court for the state of Washington.The court is divided into three divisions. Division I is based in Seattle, Division II is based in Tacoma, and Division III is based in Spokane.... (3 divisions) |
Supreme Court Washington Supreme Court The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The Court is composed of a Chief Justice and eight Justices. of the Court are elected to six-year terms... |
| West Virginia West Virginia West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east... |
West Virginia Circuit Courts West Virginia Circuit Courts The West Virginia Circuit Courts are the West Virginia state trial courts of general jurisdiction. They are the only state trial courts in West Virginia that are courts of record. West Virginia's 55 counties are divided into 31 circuits, each comprising anywhere from one to four counties... (31 judicial circuits) |
(none) | Supreme Court of Appeals |
| Wisconsin Wisconsin Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is... |
(District) Wisconsin Circuit Court Wisconsin Circuit Court Circuit Courts are the primary trial courts in Wisconsin, United States. They hear and decide cases involving a wide variety of topics, including contracts, personal injury, family law, children in need of protection and/or services, juvenile delinquency, probate, traffic, small claims,... (10 judicial administrative districts) |
(District) Court of Appeals Wisconsin Court of Appeals The Wisconsin Court of Appeals is the intermediate appellate court in the state of Wisconsin, above the Wisconsin Circuit Courts but below the Wisconsin Supreme Court... (4 districts) |
Supreme Court Wisconsin Supreme Court The Wisconsin Supreme Court is the highest appellate court in the state of Wisconsin. The Supreme Court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin.-Location:... |
| Wyoming Wyoming Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High... |
Wyoming District Courts Wyoming District Courts Wyoming District Courts are the state trial courts of general jurisdiction in Wyoming.The District Courts hears all felony criminal cases and civil cases with an amount in controversy in excess of $7,000. The District Courts also exercise exclusive original jurisdiction in all juvenile and probate... (nine districts) (general jurisdiction) |
(none) | Supreme Court Wyoming Supreme Court The Wyoming Supreme Court is the highest court in the U.S. state of Wyoming. The Court consists of a Chief Justice and four Associate Justices. Each Justice is appointed by the Governor of Wyoming for an eight-year term. The five Justices select the Chief Justice from amongst themselves. The person... |
| American Samoa American Samoa American Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the sovereign state of Samoa... |
High Court, Trial Division High Court of American Samoa The High Court of American Samoa is the highest court below the United States Supreme Court in American Samoa. The Court is located in the capital of Fagatogo. It consists of a Chief Justice and an Associate Justice, appointed by the United States Secretary of the Interior... |
(none) | High Court, Appellate Division High Court of American Samoa The High Court of American Samoa is the highest court below the United States Supreme Court in American Samoa. The Court is located in the capital of Fagatogo. It consists of a Chief Justice and an Associate Justice, appointed by the United States Secretary of the Interior... |
| Guam Guam Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United... |
Superior Court | (none) | Supreme Court |
| Northern Mariana Islands Northern Mariana Islands The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands , is a commonwealth in political union with the United States, occupying a strategic region of the western Pacific Ocean. It consists of 15 islands about three-quarters of the way from Hawaii to the Philippines... |
Superior Court | (none) | Supreme Court Northern Mariana Islands Supreme Court The Supreme Court of the Commonwealth of the Northern Mariana Islands is the highest court of the United States Commonwealth of the Northern Mariana Islands , exercising civil and criminal appellate jurisdiction over commonwealth law matters... |
| Puerto Rico Puerto Rico Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an... |
Court of First Instance Superior Division (13) Municipal Division (13) |
Circuit Court of Appeals | Supreme Court Supreme Court of Puerto Rico The Supreme Court of Puerto Rico is the highest court of the Commonwealth of Puerto Rico, having judicial authority within Puerto Rico to interpret and decide questions of Commonwealth law. As the highest body of the judicial branch of the Puerto Rican government, it is analogous to one of the... |
| U.S. Virgin Islands | Superior Court United States Virgin Islands Superior Court The Virgin Islands Superior Court is the trial court of general jurisdiction for the United States Virgin Islands. The court is composed of nine Judges. They are appointed by the Governor and confirmed by the Legislature. Effective January 29, 2007 the Supreme Court of the Virgin Islands assumed... (two divisions) (general jursidiction) |
Supreme Court United States Virgin Islands Supreme Court The Supreme Court of the Virgin Islands is the highest court in the territory of the United States Virgin Islands. The Supreme Court assumed jurisdiction over appeals from the Superior Court, a trial level court, on January 29, 2007. There are three Supreme Court justices who are each appointed... |
Third Circuit Court of Appeals United States Court of Appeals for the Third Circuit The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey... (federal, temporary) |
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 directoryWeb directoryA web directory or link directory is a directory on the World Wide Web. It specializes in linking to other web sites and categorizing those links....
, an ad-supported website - Federal Court Statistics 2002
- Colorado Court Statistics 2002
- Statistical Abstract of the United States 2006