Dear integras-ga;
Thank you for allowing me an opportunity to answer your interesting
question. You did pretty well on your list of courts though I did add
a few at the bottom. Here are some descriptions of these courts
responsibilities:
State Courts:
The term ?State Courts? can be inclusive of many of the different
courts you listed (with the exception of Federal Court, of course).
State Courts are not specific courts at all but include a variety of
different courts on the ?State Level? as opposed to the ?Federal
Level?
WHAT IS A STATE COURT?
http://www.slco.lib.ut.us/law-utah-statect.htm
=========================
Appellate Courts (Sometimes called Court of Appeals):
Appellate Courts are courts that exist on both State and Federal
level. These are courts where previously decided cases (By lower Trial
Courts) are reconsidered on appeal. These courts have the power to
uphold a previous decision or reverse it. In civil matters, Appellate
Courts can adjust judgments (up or down) or throw out financial awards
all together.
NEW YORK STATE UNIFIED COURT SYSTEM
http://www.courts.state.ny.us/courts/appellate.shtml
=========================
Trial Courts:
The term ?Trial Courts? is a general term that defines any court where
a criminal or civil trail takes place. These may or may not include a
jury. In some cases a jury is impaneled and in other cases a Judge
alone decides the fate of the case based on its merit and the evidence
presented.
=========================
Association of Courts (AOC):
An Association of Courts is not a court at all but rather an
organization of those who interests in court relate affairs are in
common.
=========================
Circuit Courts:
Circuit Courts are State level courts presided over by a Circuit Judge
(usually an elected official) and typically handles criminal and civil
cases (civil case: as case where liability is established or
determined. i.e., lawsuits, etc)
=========================
District Courts, Federal Courts, Supreme Courts:
?Federal courts are divided into three levels. There are certain
exceptions, but in general cases progress through federal courts from
the lowest (District Court) to the highest (Supreme Court) level.
District Courts are the first level where a federal case is heard. If
one of the parties is not satisfied with the result, that party may
appeal to a second level court, one of the courts of appeals. There
are thirteen of these intermediate appellate (appeals) courts in the
federal judicial system, each with jurisdiction over cases from
certain geographic areas. The courts of appeals are often referred to
as circuit courts. The Court of Appeals for the Federal Circuit has
national jurisdiction over specific types of cases, while the twelve
other courts of appeals handle matters from specific regions. If a
party is not satisfied with the result from one of the circuit courts,
they may seek review by the Supreme Court. In most instances, however,
the Supreme Court will review only cases that it chooses.?
WHAT IS A STATE COURT?
http://www.slco.lib.ut.us/law-utah-statect.htm
=========================
Court of Appeals:
(Same as Appellate Courts. See Appellate Courts above)
=========================
Probate Court (Also called ?Neighborhood Courts? and ?Family Courts?
in some areas though this is really a misnomer):
A Probate Court decides, distributes, establishes, enters as fact, or
hears arguments contesting the division of estates (Last Wills and
Testaments, Trusts, intestate property, etc). Probate courts also
exercise exclusive, original jurisdiction in the probate of wills,
administration of estates, appointment of guardians and involuntary
hospitalization of incapacitated adults and other individuals.
JUDICIAL BRANCH OF GEORGIA
http://georgiacourts.org/probate.html
=========================
Court of Chancery (Sometimes called Family Court, or Chancery Court)
These are State level courts that hear criminal and civil cases such
as family and domestic issues, divorce, juvenile matters [in some
states], and occasionally civil issues related to any of these
subjects.
=========================
Justice of the Peace Court:
A Court of the Justice of the Peace is really an all-purpose affair.
These are usually designed, in lieu of a greater ruling authority such
as a convenient municipal or circuit court, to hear minor cases, and
arraign felons who will later appear in one of these greater courts.
This court also typically has jurisdiction over misdemeanor criminal
cases, civil actions (usually up to a range of about $5,000),
marriages, temporary restraining orders, small claims suits (usually
up to about $3,000 in value) and issues such as evictions or
Landlord-Tenant actions.
LINCOLN COUNTY MONTANA
http://www.lincolncountymt.us/Misc_Pages/Justice%20Court%20Procedures.pdf
=========================
Bankruptcy Courts:
This court hears cases related to almost exclusively to bankruptcy
issues including but not limited to claims, contested bankruptcy,
creditors rights, distribution, etc.
=========================
Tax Courts:
The term ?tax courts? is another general terms for courts on both
State and Federal level that have jurisdictional authority over issues
related to State or Federal taxes. These courts hear cases including
those concerning tax disputes over notices of deficiency, notices of
transferee liability, readjustment and adjustment of partnership
items, administrative costs, worker classification, and review of
certain collection actions, etc.
US TAX COURT
http://www.ustaxcourt.gov/
=========================
County Courts:
County Court authority varies from state to state. In some states
County Court is merely a formality and the County Judge is a
figurehead authority. He has jurisdiction over fundamental affairs
concerning the County operation and serves as chairman over the Quorum
Court ? and entity that oversees the day-to-day operation of the
County?s various departments. His ?court? sometimes acts to settle a
wide variety of minor disputes within the County.
In other states the County Court has much greater responsibility.
County courts handle civil cases involving (typically no more than
$15,000 awards/damages), misdemeanor cases, felony arraignments, bond
setting, preliminary hearings, and traffic cases. County judges in
some jurisdictions can also issue search warrants as well as
restraining orders in cases involving domestic violence
arrests/complaints. These are sometimes called, "Statutory Courts".
COLORADO?S COUNTY COURTS
http://www.courts.state.co.us/district/counties.htm
Other County Courts have a rather odd, but ?catch-all? description
such as this Constitutional description of a County Court in the State
of Texas:
?The County Court shall have the general jurisdiction of a Probate
Court; they shall probate wills, appoint guardians of minors, idiots,
lunatics, persons non compos mentis and common drunkards, grant
letters testamentary and of administration, settle accounts of
executors, transact all business appertaining to deceased persons,
minors, idiots, lunatics, person non compos mentis and common
drunkards, including the settlement, partition and distribution of
estates of deceased persons and to apprentice minors, as provided by
law.?
TEXAS PROBATE JURISDICTION
http://www.texasprobate.com/articles/jurisd.htm
=========================
Municipal Courts (sometimes called City Court, Common Pleas Court,
Superior Court or District Courts)
Municipal Courts [as I will refer to them for the sake of simplicity]
are City level courts presided over by a judge. These courts handle
all types of legal affairs related to criminal and civil issues.
Typically in more serious cases, Municipal Court is where a person is
initially arraigned but in some states the Municipal Court does not
have the authority to hear felony cases where state mandated prison
terms are probable. In the Civil authority, Municipal courts generally
hear small claims cases and defer to greater courts if awards
potentially exceed the small claims cap in that state.
=========================
Here are some you did not mention:
Juvenile Court:
In some states this is a separate entity from Chancery Court and
exclusively handles issues related to juvenile crime, delinquency,
truancy, and in some jurisdictions child abuse, endangerment, child
custody, children in need of services, care and protection petitions,
adult contributing to a delinquency of a minor cases, adoption,
guardianship, termination of parental rights proceedings, and youthful
offender cases.
THE MASSACHEUSETTS COURT SYSTEM
http://www.mass.gov/courts/courtsandjudges/courts/juvenilecourt/
=========================
Military Courts Martial:
These are military courts that hear cases related to crime and other
legal issues in the jurisdiction of the US Military. This courts bases
it?s authority on the Uniform Code of Military Justice.
US NAVY
http://www.jag.navy.mil/html/NLSOGlakesCourt%20Martials.htm
=========================
Mayor?s Court:
Mayor?s Court is a court presided over by the City Mayor that convenes
for the purposes of hearing misdemeanor cases that occur within the
city limits of a municipality. These generally involve minor crimes,
traffic offenses and ordinance violations.
CITY OF INDEPENDENCE OHIO
http://www.independenceohio.org/cityhall/court.html
=========================
Village Court
This type of court is usually reserved for small or remote hamlets and
is typically presided over by a Justice of the Peace. It functions in
much the same way as a Mayor?s Court.
VILLAGE OF ARCADE, NEW YORK
http://www.villageofarcade.org/Village_Court/village_court.html
=========================
Below you will find that I have carefully defined my search strategy
for you in the event that you need to search for more information. By
following the same type of searches that I did you may be able to
enhance the research I have provided even further. I hope you find
that my research exceeds your expectations. If you have any questions
about my research please post a clarification request prior to rating
the answer. Otherwise, I welcome your rating and your final comments
and I look forward to working with you again in the near future. Thank
you for bringing your question to us.
Best regards;
Tutuzdad ? Google Answers Researcher
INFORMATION SOURCES
Defined above
SEARCH STRATEGY
SEARCH ENGINES USED:
Google ://www.google.com
SEARCH TERMS USED:
Used the names of the courts in my search strategy and also derived
some information from my own 20+ years of law enforcement experience
and personal knowledge about how each of the courts works. |
Clarification of Answer by
tutuzdad-ga
on
01 Nov 2004 06:46 PST
Certainly. I?ll try to clarify where I can. Where I did not clarify
(below) I presumed the statement speaks for itself, but if you have
any additional questions please do not hesitate to ask me about them.
Regards;
Tutuzdad-ga
State Courts:
The term ?State Courts? defines a certain level of courts, not any one
type of court in particular. The term is intended to distinguish
between other courts such as Federal Courts, ect.
State Courts handle ALL types of cases except Federal cases.
=========================
Appellate Courts (Sometimes called Court of Appeals):
Appellate Courts hear all types of cases on appeal ranging from
relatively small civil disputes all the way up to Capital Felony
Murder.
=========================
Trial Courts:
Again, the term ?Trial Courts? is a general term that defines ANY
court where a criminal or civil trial takes place.
As such they handles all types of cases ranging from civil all the way
up to Capital Felony Murder.
=========================
Association of Courts (AOC):
Again, this is not a court at all but an organization.
=========================
Circuit Courts:
Circuit Courts typically handle all major state level criminal trials
and civil cases (civil case: as case where liability is established or
determined. i.e., lawsuits, etc). Criminal cases can range from minor
traffic violations and minor misdemeanors where the accused has
demanded a trial, all the way up to Capital Felony Murder. Civil cases
in this court can be awarded and can range from $0 into the millions
of dollars.
=========================
District Courts, Federal Courts, Supreme Courts:
These three levels of Federal Court are no different that any other
court in that they focus on criminal and civil issues. What makes them
unique is that two of the courts, (District and Federal ? which is
tantamount to saying ?others?) are concerned with issues within the
Federal statutes (crimes and offenses on Federal property like
National Parks, Post Offices, etc). The range of crimes is the same as
those on state level because, really, these are the same crimes. The
only difference is the jurisdiction where the crime might have been
committed was Federal property and it must be tried in Federal Court.
The Supreme Court on the other hand is largely an appellate court. If
a person is not satisfied with his appeals he can take his case
(criminal or civil) to the Supreme Court, which is the highest court
in the land and fundamentally has the final say.
=========================
Court of Appeals:
(See Supreme Courts and Appellate Courts above)
=========================
Probate Court
I think my previous statement about Probate Courts pretty much speaks for itself.
?A Probate Court decides, distributes, establishes, enters as fact, or
hears arguments contesting the division of estates (Last Wills and
Testaments, Trusts, in testate property, etc). Probate courts also
exercise exclusive, original jurisdiction in the probate of wills,
Administration of estates, appointment of guardians and involuntary
hospitalization of incapacitated adults and other individuals.?
=========================
Court of Chancery (Sometimes called Family Court, or Chancery Court)
Again, this description seems pretty clear.
?These are State level courts that hear criminal and civil cases such
as family and domestic issues, divorce, juvenile matters [in some
states], and occasionally civil issues related to any of these
subjects.?
=========================
Justice of the Peace Court:
A Court of the Justice of the Peace is really an all-purpose affair.
These are usually designed, in lieu of a greater ruling authority such
as a convenient municipal or circuit court, to hear minor cases, and
arraign felons who will later appear in one of these greater courts.
This court also typically has jurisdiction over misdemeanor criminal
cases, civil actions (usually up to a range of about $5,000),
marriages, temporary restraining orders, small claims suits (usually
up to about $3,000 in value) and issues such as evictions or
Landlord-Tenant actions.
=========================
Bankruptcy Courts:
This court hears cases related to almost exclusively to bankruptcy
issues including but not limited to claims, contested bankruptcy,
creditors rights, distribution, etc.
=========================
Tax Courts:
The term ?tax courts? is another general terms for courts on both
State and Federal level that have jurisdictional authority over issues
related to State or Federal taxes. These courts hear cases including
those concerning tax disputes over notices of deficiency, notices of
transferee liability, readjustment and adjustment of partnership
items, administrative costs, worker classification, and review of
certain collection actions, etc.
=========================
County Courts:
County Court authority varies from state to state. In some states
County Court is merely a formality and the County Judge is a
figurehead authority. He has jurisdiction over fundamental affairs
concerning the County operation and serves as chairman over the Quorum
Court ? and entity that oversees the day-to-day operation of the
County?s various departments. His ?court? sometimes acts to settle a
wide variety of minor disputes within the County.
In other states the County Court has much greater responsibility.
County courts handle civil cases involving (typically no more than
$15,000 awards/damages), misdemeanor cases, felony arraignments, bond
setting, preliminary hearings, and traffic cases. County judges in
some jurisdictions can also issue search warrants as well as
restraining orders in cases involving domestic violence
arrests/complaints. These are sometimes called, "Statutory Courts".
Other County Courts have a rather odd, but ?catch-all? description
such as this Constitutional description of a County Court in the State
of Texas:
?The County Court shall have the general jurisdiction of a Probate
Court; they shall probate wills, appoint guardians of minors, idiots,
lunatics, persons non compos mentis and common drunkards, grant
letters testamentary and of administration, settle accounts of
executors, transact all business appertaining to deceased persons,
minors, idiots, lunatics, person non compos mentis and common
drunkards, including the settlement, partition and distribution of
estates of deceased persons and to apprentice minors, as provided by
law.?
=========================
Municipal Courts (sometimes called City Court, Common Pleas Court,
Superior Court or District Courts)
All lower court cases are heard at this level. Small claims cases all
the way up to the most serious misdemeanor cases. More serious cases
such as Capital Felony Murder are arraigned in this court but the
cases are typically ?bound over? to the higher court for trial.
Municipal Courts normally do not have the authority to try the case of
this kind.
=========================
Here are some you did not mention:
Juvenile Court:
In some states this is a separate entity from Chancery Court and
exclusively handles issues related to juvenile crime, delinquency,
truancy, and in some jurisdictions child abuse, endangerment, child
custody, children in need of services, care and protection petitions,
adult contributing to a delinquency of a minor cases, adoption,
guardianship, termination of parental rights proceedings, and youthful
offender cases.
=========================
Military Courts Martial:
These are military courts that hear cases related to crime and other
legal issues in the jurisdiction of the US Military. This courts bases
it?s authority on the Uniform Code of Military Justice.
=========================
Mayor?s Court:
Mayor?s Court is a court presided over by the City Mayor that convenes
for the purposes of hearing misdemeanor cases that occur within the
city limits of a municipality. These generally involve minor crimes,
traffic offenses and ordinance violations.
=========================
Village Court
This type of court is usually reserved for small or remote hamlets and
is typically presided over by a Justice of the Peace. It functions in
much the same way as a Mayor?s Court.
=========================
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