§1.3 State Governments

• Jurisdiction: United States
• Publication year: 2022

§1.3 State Governments

The names of the various states' courts do not present any uniformity. However, there is an aspect of uniformity in the division of judiciary in the states. The different states' judicial systems are generally divided into the branches of the trial courts and the appellate courts.

For example, in the State of Maryland, the judiciary is comprised of four levels: two trial courts and two appellate courts. These courts are the District Court,⁵⁶ the Circuit Court,⁵⁷ the Court of Special Appeals,⁵⁸ and the Court of Appeals.⁵⁹

Generally, the jurisdictions of states' courts are either general or limited, exclusive or concurrent. A court of general jurisdiction is authorized to hear and decide cases regardless of its nature or the amount involved, unless exclusive jurisdiction has been conferred on another state court by the constitution or statute. A court of limited jurisdiction has jurisdiction only over cases granted it by the state constitution or by statute. But generally, in all states' courts, the function of a trial court is to consider evidence in cases and to make judgments based on the facts and underlying law and legal precedent. Appellate courts review the trial court's actions and decisions in given cases.

The relationship between the states' and federal courts is essentially the maintenance of the rule of law and preservation of order. These courts represent the pillar of the United States federalist system of government and the preserver of the doctrine of separation of powers. The state and federal courts have concurrent jurisdiction over cases arising under federal law. In exercising concurrent jurisdiction, a state court must enforce both federal remedial statutes and federal penal statutes, unless the case violates the state court's forum non conveniens doctrine.⁶⁰

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Notes:

^[56] http://www.courts.state.md.us/district, accessed March 28, 2022. ("The jurisdiction of the District Court includes all landlord-tenant cases, replevin actions, motor vehicle violations, misdemeanors and certain felonies.")

^[57] http://www.courts.state.md.us/circuit, accessed March 28, 2022. ("Circuit Courts generally handle more serious criminal cases and major civil cases.")

^[58] http://www.courts.state.md.us/cosappeals, accessed March 28, 2022. ("The Court considers appeals from almost any case that originates in a circuit court or an orphans' court in Maryland.")

^[59] http:/...