State Courts and Procedures
| Author | Jeffrey Wilson |
| Pages | 419-424 |
Page 419
The judicial powers of individual states are generally vested in various courts created by state constitution or (less frequently) state statute. Within the boundaries of each state and coexisting with state courts are numerous federal district and/or appellate courts that function independently. Also coexisting within state boundaries are various administrative tribunals that also hear and decide legal matters, such as worker's compensation boards, professional licensing boards, and state administrative tribunals. Yet, there are often local, district, and/or municipal courts within the community. At first blush, it may appear overwhelming and confusing to consider what legal matter may be decided in which forum. But for the most part, each of the above courts has its own separate function and role in applying the laws to the controversies brought before it and administering justice to all.
To understand the function and scope of state courts, it is necessary to consider them in relation to the federal court system expressly created in Article III of the U.S. Constitution. Article III also establishes the type of cases that federal courts may hear and decide (federal "jurisdiction").
Article VII of the Constitution declares that "This Constitution, and the Laws of the United States … and all Treaties made … under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." Later in the Constitution, the Tenth Amendment provides that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The ultimate effect these provisions have upon state courts is to reserve to them the right to hear and decide any legal matter not expressly reserved for the exclusive jurisdiction of federal courts (such as lawsuits between states). This matter mostly involves the "adjudication" of controversies concerning state laws, which impact the daily lives of citizens in a much greater manner than federal laws. State courts may also rule upon certain issues concerning federal law and the federal Constitution.
State legislatures are therefore free to create—and state courts are free to enforce—any law, regulation, or rule that does not conflict with or abridge the guarantees of the federal Constitution (or the state's own constitution). The wide variance, from state to state, of both structure and procedure within the
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court systems is precisely due to the preservation of those independent powers to the states by the U.S. Constitution.
A court's general authority to hear and/or "adjudicate" a legal matter is referred to as its "jurisdiction." In the United States, jurisdiction is granted to a court or court system by statute or by constitution. A court is competent to hear and decide only those cases whose subject matter fits within the court's jurisdiction. A legal decision made by a court that did not have proper jurisdiction is deemed void and nonbinding upon the litigants.
Jurisdiction may be referred to as "exclusive," "original," concurrent, general, or limited. Federal court jurisdiction may be "exclusive" over certain matters or parties (to the exclusion of any other forum) or may be "concurrent" and shared with state courts. In matters where both federal and state courts have concurrent jurisdiction, state courts may hear federal law claims (e.g., violations of civil rights), and parties bringing suit may choose the forum. However, when a plaintiff raises both state and federal claims in a state court, the defendant may be able to "remove" the case to a federal court.
The general workhorse of a state court system is the trial court. This is the lowest level of court and is usually the forum in which a case or lawsuit originates. It may be a court of general jurisdiction, such as a circuit or superior court, or it may be a court of special or limited jurisdiction, such as a probate, juvenile, traffic, or family court. Some states handle "small claims" in separate courts, while others handle such claims in special divisions of the general trial courts. This is also true for probate and juvenile matters. Although someone may broadly refer to "juvenile court" or "small claims court," he or she may actually be referring to the juvenile or small claims "division" of the general circuit court.
Probate courts primarily handle the administration of estates and the probating of wills. In many states, probate courts also handle such matters as competency hearings, applications for guardianships, adoptions, etc. In a minority of jurisdictions, probate courts may be referred to as surrogate's courts.
Family courts hear cases involving (mostly) custody and child support, neglect and abuse cases, and, sometimes, juvenile crime or truancy. Most family courts do not handle divorces, which are generally handled by the courts of general jurisdiction.
Traffic courts handle civil infractions and...
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