( Alabama to Missouri , Montana to Wyoming )
81-567: The Florida circuit courts are state courts and 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 other three being the Florida Supreme Court , Florida district courts of appeal , and Florida county courts ). The circuit courts primarily handle felony criminal cases; family law matters; civil cases where
162-485: A courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on
243-422: A jury , although most matters stop short of reaching trial. The decisions of lower courts may be reviewed by a panel of a state court of appeals . Generally, there is also a highest court for appeals, a state supreme court , that oversees the court system. In matters that involve issues of federal law, the final decision of the state's highest court (including refusals to hear final appeals) may be appealed to
324-510: A legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps a jury . The word court comes from the French cour , an enclosed yard, which derives from the Latin form cōrtem , the accusative case of cohors , which again means an enclosed yard or
405-423: A legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps a jury . Jurisdiction is defined as the official authority to make legal decisions and judgements over a person or material item within a territory. "Whether a given court has jurisdiction to preside over
486-476: A Complex Litigation Unit with subdivisions for complex tort cases and complex business court cases. Judge Robert Rosenberg, who had suggested the idea of a specialized business court in the Seventeenth Circuit was appointed as one of the initial complex business case judges, with Judge Charles Greene to handle complex tort cases and Judge Jeffrey Streitfeld to handle complex tort and business cases. In 2017,
567-483: A body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions. This common standard of law became known as "Common Law". This legal tradition is practiced in the English and American legal systems . In most civil law jurisdictions, courts function under an inquisitorial system . In the common law system, most courts follow the adversarial system . Procedural law governs
648-473: A civil case, an agreed resolution settling the case or plea bargain resolving a criminal case, or pretrial resolution of the case by a judge either on the merits or on procedural grounds. Although the United States is supposedly a highly litigious society, very few cases actually go to a jury verdict and a final judgment , let alone an appeal that results in a published appellate opinion. In other words,
729-701: 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. Oregon does 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. In most, but not all states ( California and New York are significant exceptions),
810-465: 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
891-400: A court to take action is based on personal jurisdiction over the parties to the litigation and subject-matter jurisdiction over the claims asserted. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur is known as a courtroom , and the building as
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#1732855847701972-430: A given case" is a key question in any legal action. Three basic components of jurisdiction are personal jurisdiction over an individual or thing ( rēs ), jurisdiction over the particular subject matter ( subject-matter jurisdiction ) and territorial jurisdiction . Jurisdiction over a person refers to the full authority over a person regardless of where they live, jurisdiction over a particular subject matter refers to
1053-448: 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
1134-547: A judge. The judiciary is not a separate profession in the American legal system as it is in many civil law jurisdictions. While in many civil law jurisdictions a common judicial career involves an entry-level assignment in an inferior court followed by promotions to more senior courts over the course of a career, no U.S. court system makes experience in an inferior judicial position a prerequisite to higher judicial office. While many countries consider criminal prosecutors to be part of
1215-453: 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
1296-581: A non-U.S. name, marriage and divorce related name changes are normally handled elsewhere). 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
1377-435: 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 . There is no federal constitutional right to
1458-463: 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,
1539-406: 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
1620-558: A request for relief from the state's highest appellate court, if the Court believes that the case involves an important question of federal law. Because of the aforementioned silence in the Constitution (as well as Section 25 of the Judiciary Act of 1789 and successor sections), the Court cannot and never reviews decisions of state courts that depend entirely on the resolution of a state law issue; there must be an issue of federal law (such as
1701-679: A result of the strict separation of powers imposed by the United States Constitution . Instead, at both the federal and state levels, administrative law judges (ALJs) preside over tribunals within executive branch agencies (although their decisions can usually be appealed to real judges in the judicial branch). In state governments, ALJs handle matters such as driver's license revocations, workers' compensation claims, unemployment insurance claims, and land use disputes. All these courts are distinguished from courts of general jurisdiction (also known as "superior jurisdiction"), which are
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#17328558477011782-688: A separate court that handles serious crimes; jurisdiction lies with the court 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". Courts of general jurisdiction tend to be better funded, better staffed, more professional, more dignified, and more solemn than courts of limited jurisdiction. They also tend to have jurisdiction over larger geographical areas and more people. A few states like California have unified all courts of general and inferior jurisdiction to make
1863-434: 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. As of 2019, about 1,255,689 people currently behind bars in
1944-440: A single court). Courts are described below in the plural when they are defined by state law as a set of separate courts, each exercising jurisdiction only over a specifically defined territory within the state. In some states, the number of county-based courts does not exactly match the number of actual counties in the state. This occurs when a single court has jurisdiction over more than one county. Law court A court
2025-471: A trial by jury in a state civil case under the Seventh 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
2106-486: Is a conflict between federal and state law, state courts are not subordinate to federal courts. Rather, as instruments of separate sovereigns (under the U.S. system of dual sovereignty), they are two parallel sets of courts with different but often overlapping jurisdiction. As the U.S. Supreme Court recognized in Erie Railroad Co. v. Tompkins (1938), no part of the federal Constitution actually grants federal courts
2187-411: 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
2268-582: Is any person or institution , often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil , criminal , and administrative matters in accordance with the rule of law . The practical authority given to the court is known as its jurisdiction , the court's power to decide certain kinds of questions or petitions put to it. There are various kinds of courts, including trial courts that hold trials and appellate courts that hear appeals . Two major legal traditions of
2349-817: Is co-chair of the Florida Bar Association 's Business Law Section Business Courts Task Force, which was formed in 2018 to study the merits of implementing a statewide business court. In early 2020, on the precipice of the COVID pandemic, the task force recommended a proposed statewide business court. Judge Richard A. Nielsen was the first presiding judge in the Thirteenth Circuit's Complex Business Litigation Division in Tampa, in 2007, where he served for 5 years. In 2008, Seventeenth Judicial Circuit (Broward County) Chief Judge Victor Tobin issued an administrative order creating
2430-403: Is distinct from the ordinary federal court system. State trial courts are usually located in a courthouse , which is often in the county seat . Even when state trial courts include more than one county in a judicial district, it is not 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
2511-530: Is known as a courtroom , and the building as a courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on
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2592-409: 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
2673-497: Is that such subordinate entities generally have original jurisdiction over lawyer admissions and discipline, nearly all de facto lawyer regulation takes place through such entities, and the state supreme court becomes directly involved only when petitioned to not ratify the decisions made by some subordinate entity in its name. Although the United States Constitution and federal laws override state laws where there
2754-489: 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 crimes , immigration-related crimes and drug offenses (these crimes make up about 70% of the federal docket, but just 19% of the state court criminal docket). Federal courts have the power to bring death penalty charges under federal law, even if they arise in states where there
2835-434: The de jure primary regulatory body for all 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. In all states, such powers have been delegated either to the state bar association or various committees, commissions, or offices directly responsible to the state supreme court. The result
2916-756: 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 federal models. Typically, state trial courts of limited jurisdiction have generally similar rules to state trial courts of general jurisdiction, but are stripped of rules applicable to special cases like class actions and many pretrial procedures (such as out-of-court discovery in
2997-427: The U.S. Senate serving life terms of office, the vast majority of states have some judges who are elected, while some judges are appointed. The methods of judicial appointment vary widely. The American habit of electing state court judges originates with Alexander Hamilton and Federalist No. 78 , in which Hamilton brought about a fundamental reconceptualization of the idea of separation of powers with respect to
3078-475: The United States Supreme Court (which also has the discretion to refuse to hear them). Cases in state courts begin in a trial court where lawsuits and criminal cases 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 pretrial procedures that in more than 90% of cases lead to a default judgment in
3159-465: The amount in controversy is greater than $ 50,000; probate, guardianship, and mental health cases; juvenile dependency and delinquency cases; and appeals of decisions in certain administrative, noncriminal infractions, and other types of cases. There are 20 judicial circuits in Florida, all but five of which span multiple counties . They are: Florida circuit courts have original jurisdiction not vested in
3240-674: The finders of fact (these are known as jury trials ) or trials in which judges act as both finders of fact and finders of law (in some jurisdictions these are known as bench trials ). Juries are less common in court systems outside the Anglo-American common law tradition. Appellate courts are courts that hear appeals of lower courts and trial courts. Some courts, such as the Crown Court in England and Wales, may have both trial and appellate jurisdictions. The two major legal traditions of
3321-513: The reported case law studied in American law schools does not reflect the way the vast majority of cases are handled and resolved—by "bargain[ing] [in the] shadow of the law ". Territory outside of any state in the United States, such as the District of Columbia or American Samoa , often has a court system established under federal or territorial law which substitutes for a state court system and
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3402-577: The American Bar Association's Business Law Section. A specialized business court in Orlando (Orange County) was first suggested by Thomas Benton Smith (judge) . In 2023, the Ninth Circuit business court expanded from Orange County to add Osceola County. Judge Gill S. Freeman was the first judge presiding over Miami's Complex Business Litigation Section, serving in that role for five years. She
3483-575: The Eleventh Judicial Circuit Court in Miami-Dade County Florida created a separate International Commercial Arbitration Court. As of May 2024, Judge Lisa S. Walsh serves as both a Complex Business Litigation Division Judge and a presiding International Commercial Arbitration Court Judge. Judge Jennifer D. Bailey also served both as a Complex Business Litigation Division judge and International Commercial Arbitration judge in
3564-544: The Eleventh circuit, among her many contributions to that court. Circuit court judges are elected by the voters of the circuits in nonpartisan, contested elections against other persons who choose to qualify as candidates for the position. Circuit court judges serve for six-year terms, and they are subject to the same disciplinary standards and procedures as Supreme Court Justices and district court judges. State court (United States) [REDACTED] [REDACTED] In
3645-491: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply
3726-444: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply
3807-642: The Thirteenth Judicial Circuit (Hillsborough County) Business Court, and the Seventeenth Judicial Circuit (Broward County) Complex Litigation Unit consisting of a business and tort subdivision. In 2004, Ninth Circuit Chief Judge Belvin Perry made Judge Renee A. Roche Florida's first specialized business court judge. Judge Roche, along with Florida Judge John E. Jordan (Ninth Judicial Circuit), have served as Business Court Representatives to
3888-546: The United States (roughly five out of six jury trials conducted in any U.S. Court) 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 crimes that are prosecuted in federal court arise on Indian reservations or federal property , where state courts lack jurisdiction, since tribal court jurisdiction
3969-1097: The United States, a state court is a law court with jurisdiction over disputes with some connection to a U.S. state . State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. States often provide their trial courts with general jurisdiction (the hearing of all matters in which personal jurisdiction exists and which are not committed to another court) and state trial courts regularly have concurrent jurisdiction with federal courts. Federal courts are courts of limited jurisdiction and their subject-matter jurisdiction arises only under federal law . Each state "is free to organize its courts as it sees fit," and consequently, "no two states have identical court structures." Generally, state courts are common law courts, and apply their respective state laws and procedures to decide cases. They are organized pursuant to and apply
4050-581: The United States—or 87.7% out of a total of 1,430,805 prisoners—had been convicted in state court for violating state criminal laws, rather than in federal court for violating federal criminal laws. The proportion of criminal cases brought in state court rather than federal court is higher than 87.7% because misdemeanor and petty offense prosecutions are disproportionately brought in state courts and most criminal prosecutions involve misdemeanors and petty offenses. The number of trials conducted in each system
4131-458: The absence of a court order). 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. In most states, such administrative authority has been transferred or delegated to a state judicial council which includes members of lower courts. All state supreme courts are
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#17328558477014212-624: The authority over the said subject of legal cases involved in a case, and lastly territorial jurisdiction is the authority over a person within an x amount of space. Other concepts of jurisdiction include general , exclusive , appellate , and (in the United States federal courts ) diversity jurisdiction . Courts may be organized into a hierarchy of courts and have specific jurisdiction and include specialized courts . Trial courts are courts that hold trials . Sometimes termed "courts of first instance", trial courts have varying original jurisdiction . Trial courts may conduct trials with juries as
4293-408: The bench. But a small number of state court judges, particularly in limited jurisdiction trial courts in rural areas or small towns, are nonlawyers, 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
4374-447: The central means for dispute resolution , and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur
4455-403: The county courts, direct review of administrative action, and the power to issue writs of mandamus , quo warranto , certiorari , prohibition , and habeas corpus , as well as any other writs necessary to exercise their jurisdiction. As authorized by the legislature, and in addition to the power to issue various injunctions and other necessary orders, the circuit courts more specifically have
4536-409: The courts in the states and territories of the United States. Listed are the principal trial courts of general jurisdiction, the principal intermediate appellate courts, and the state supreme courts. Courts are described below in the singular when state law defines only one statewide court of that name (whose judges may be assigned to particular counties, circuits, or districts, but still remain part of
4617-541: 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 child custody reasons or related to taking an American alternative to
4698-462: 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
4779-532: 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 cases arising from serious felonies 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 courts (in both common law and civil law countries), American state courts do not usually have
4860-625: 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). 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
4941-623: The end of the eleventh century and became a foundation for university legal education starting in Bologna, Italy and subsequently being taught throughout continental European universities. Civil law is firmly ensconced in the French and German legal systems . Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066. The royal judges created
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#17328558477015022-410: The federal constitutional right to due process) implicit in the state case before the Court will even agree to hear it. Since there really is no such issue in the vast majority of state cases, the decision of the state supreme court in such cases is effectively final, as any petition for certiorari to the U.S. Supreme Court will be summarily denied without comment. The following table notes the names of
5103-540: The following jurisdiction: Original jurisdiction is as follows: Appellate jurisdiction is as follows: Four of Florida's Circuit Court's have issued orders creating specialized complex business and commercial court programs, including the Ninth Judicial Circuit (Orange and Osceola Counties) Business Court, the Eleventh Judicial Circuit (Miami-Dade County) Complex Business Litigation Division,
5184-438: The judicial branch, in the United States, all criminal prosecutors are considered part of the executive branch. The fact that all attorneys admitted to the practice of law are somewhat confusingly called "officers of the court" in U.S. legal practice is a legal fiction that calls attention to the special professional ethical obligations that all lawyers have to the court, and does not mean that all lawyers are employees or agents of
5265-451: The judicial branch. State court judges are typically paid less, have smaller staffs, and handle larger caseloads than their counterparts in the federal judiciary. The foregoing summary is only a very rough generalization. There are a great many "oddities" and "extra wrinkles" from one state court system to the next, although the tendency in most states has been towards rationalization and simplification: "the further back in history one goes,
5346-520: 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. Unlike federal courts, where judges are presidential appointees confirmed by
5427-423: The judiciary. Before Hamilton, both English and American people had thought of judges as mere appendages of royal authority, and that a government had only two branches, the executive and the legislative. Hamilton implied and others later developed the idea that American judges were coequal to legislatures and executives in their responsibility to carry out the people's will ( popular sovereignty ), which extended to
5508-463: The law in accordance with their state's constitution , state statutes , and binding decisions of courts in their state court hierarchy. Where applicable, they also apply federal law , or need to make a choice of law from another jurisdiction. Generally, a single judicial officer, usually called a judge , exercises original jurisdiction by presiding over contested criminal or civil actions which culminate in trials , which may include empaneling
5589-631: The more confused the situation gets". The vast majority of non-criminal cases in the United States are handled in state courts, rather than federal courts. For example, in Colorado, roughly 97% of all civil cases were filed in state courts and 89% of the civil cases filed in federal court were bankruptcies in 2002, a typical year. 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
5670-509: The occupants of such a yard. The English word court is thus a descendant of the Latin word hortus from Ancient Greek χόρτος ( khórtos ) (meaning "garden", hence horticulture and orchard), both referring to an enclosed space. The meaning of a judicial assembly is first attested in the 12th century, and derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard. The verb "to court", meaning to win favor, derives from
5751-422: The power to directly decide the content of state law. Clause 1 of Section 2 of Article Three of the United States Constitution describes the scope of federal judicial power, but only extended it to "the Laws of the United States" and not the laws of the several or individual states. The U.S. Supreme Court can but is not required to review final decisions of state courts, after a party exhausts all remedies up to
5832-544: The power to make law (through case law ). Therefore, if the judiciary was a coequal third branch of government, and the judges were the people's agents, then like the other branches, they ought to be elected by the people. However, problems with partisan judicial elections led many states to later adopt judicial appointment systems, while also using retention elections as a check on appointed judges. State court judges are usually distinguished attorneys who have had some political involvement, who are pursuing second careers on
5913-409: The quality of justice is poor. In states that still use justices of the peace or equivalent judicial officers, many judges of courts of limited jurisdiction are laypersons who never attended law school or passed a bar examination . Courts of limited jurisdiction should not be confused with the administrative courts seen in other countries. The United States does not use administrative courts, as
5994-725: The rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law. In recent years, international courts are being created to resolve matters not covered by the jurisdiction of national courts. For example, the International Criminal Court , based in The Hague , in the Netherlands, or the Court of Permanent Lok Adalat (Public Utility Services), based in India. Television show courts, which are often not part of
6075-410: The same source since people traveled to the sovereign's court to win his favor. The term the court is used to refer to the presiding officer or officials, usually one or more judges . The judge or panel of judges may also be collectively referred to as "the bench " (in contrast to attorneys and barristers , collectively referred to as "the bar "). In the United States, the legal authority of
6156-458: 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
6237-448: 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 ambassadors , certain intellectual property cases, federal criminal cases, bankruptcy cases, large interstate class action cases, and most securities fraud class actions. There are also
6318-608: The state supreme court or a related administrative body has the power to write the rules of procedure that govern the courts through a rulemaking process. In a minority of the states, criminal and civil procedure are largely governed by state statutes. 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 only in state practice (like traffic violations), and model their professional ethics rules closely upon models drafted by
6399-1262: 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 (also known as municipal courts) which hear traffic offenses and violations of city ordinances ; in some states, such as New York , these courts have slightly broader jurisdiction and can also handle small claims and misdemeanors. Other courts of limited jurisdiction include alderman 's courts, police court, mayor 's courts, recorder's courts , county courts , probate courts , municipal courts, juvenile courts , courts of claims, courts of common pleas, family courts , small claims courts , tax courts, water courts (present in some western states such as Colorado and Montana), and workers' compensation courts (Rhode Island). Lawrence M. Friedman has described courts of limited jurisdiction as "the bargain basement of justice," where procedures are often informal and "slapdash" and
6480-427: The western world are the civil law courts and the common law courts. A court is any person or institution , often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil , criminal , and administrative matters in accordance with the rule of law . In both common law and civil law legal systems , courts are
6561-413: The western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture, although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman law , specifically a civil body of law entitled Corpus Juris Civilis . This theory of civil law was rediscovered around
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