The state court system was created the moment of independence. The majority of states have a three tier system of courts: courts limited or special jurisdiction, courts of general jurisdiction, and a tier of appellate courts. “The states courts get their powers from state constitutions and laws” (World Book, 1993), they don’t have very much power except for defending these certain state laws.
The first level of the state court system is the courts of limited or special jurisdiction. A court of limited jurisdiction handles minor criminal cases, less serious civil suits, traffic and parking violations, and health law. “Many towns have these courts with a justice of the peace, magistrate, or judge presiding that have not been trained in law” (Adler, 2006). “The courts of special jurisdiction specialize in certain areas of the law. The courts of special jurisdiction are: family courts, juvenile courts, and probate courts, which transfer property and money of deceased” (Adler, 2006).
The second level of state courts is the courts of general jurisdiction; “these courts are major trial courts that have regular, unlimited jurisdiction over all cases and controversies involving civil and criminal law. Courts of general jurisdiction are typically county courts, but may cover several counties in less populated areas. The judges of these courts are law school graduates; many times have extensive experience at the bar. The judges are either elected or appointed” (Adler, 2006).
The appellate court has the power to review the judgment of a trail court, examining errors of law. The appellate court in some states is the Supreme Court. In other states the court is there to provide an intermediate court of appeals. When someone is convicted of a crime they have the right to appeal the case to an appellate court and after that to the court of last resort, usually being the state supreme court, “whenever the original trial court is alleged to have made an error. In some cases, such as death penalties, it is mandatory for the appellate court to hear the case” (Adler, 2006).
