Judiciary Minnesota

JUDICIARY
 
HIERARCHY OF COURTS IN MINNESOTA
 
The Courts of United States has dual structure viz. The Federal Court System and the State Court System. However in both these court systems there are three levels.
  1. Courts of appeal as the Last Resort
  2. Intermediate Courts of Appeal
  3. Trial Courts
FEDERAL COURT SYSTEM
  1. As per the Federal Court System United Sates has been divided into 11 circuits having a Courts of Appeal for each circuit, and a District Court and a Bankruptcy Court in each district circuit. The U.S. Supreme Court is the highest Court and the last resort in this system. Minnesota is in the Second Circuit. Federal Court hears cases involving federal questions.
  2. The U.S. Circuit Courts of Appeal hears the appeals from the District and Bankruptcy Court, which are the Trial Courts.
  3. The U.S. Supreme Court hears the appeal from U.S. Circuit Courts as a last resort to the appeal.
  4. If a case involves a right protected by the U.S. Constitution, a party may directly appeal to the U.S. Circuit Court of Appeals.
  5. The United States Supreme Court hears certain appeals from U.S. Circuit Courts of Appeal and exercises original jurisdiction as provided in the U.S. Constitution.
  6. Apart from these a U. S. Court of Appeals for the Federal Circuit reviews civil appeals dealing with minor claims against the U.S. government; appeals in patent-right cases and cases involving inter-national trade disputes.
THE STATE COURTS
 
There are four levels of courts in the Minnesota judicial system
County courts
  1. The District court as trial court,
  2. The Court of Appeals as the Court of Intermediary appeal
  3. The Minnesota Supreme Court as the court of last resort.
Beside these courts there are some independent courts such as:
  1. Tax court having exclusive jurisdiction over tax related matters
  2. Worker's compensation court having jurisdiction to try the claims of worker's compensation.
COUNTY COURTS

A court is located in the county seat of each county. The county courts shall have the following divisions

  1. Family court division

The family court division shall include all cases and proceedings arising under:

  1. the Juvenile Court Act of this state and
  2. all cases within the jurisdiction of the court arising out of or affecting the family relationship including the civil commitment of persons.
  1. Probate division

The probate division shall include all cases and proceedings relating to

  1. the administration of estates of deceased persons, of persons under guardianship, and
  2. proceedings for the administration of trust estates or actions relating thereto.
  3. all cases and proceedings relating to the management of the property of persons who have disappeared.
  1. Civil and criminal division
The civil and criminal division shall consist of all cases and proceedings within the jurisdiction of the court not included in another division.
 
Ø DISTRICT COURTS
 
At the trial court level, different divisions serve different public needs. They are:
  1. Conciliation court,
  2. Juvenile court,
  3. Probate court,
  4. Criminal court,
  5. Civil court, and
  6. Family court.
  1. Conciliation court

The conciliation court is also known as the People's Court or Small Claims Court as people represent themselves who seeking monetary settlement. There is a limit on the amount of money a person can seek in conciliation court.

  1. Juvenile courts

Juvenile courts hear cases involving minors. These courts are closed to the public for the privacy of the juveniles. Cases in this court include delinquency, truancy, and minor traffic offenses.

  1. Probate Court

The probate court is involved in the disposition of estates. Cases heard in criminal court range from minor traffic violations to murder trials.

  1. Criminal Court

The criminal court in the district at the trial stage deal with all kinds of criminal cases in the district.

  1. Civil Court

The civil court has jurisdiction over cases brought between private parties for a settlement of a grievance.

  1. Family court

Family court deals with the family matters such as dissolution, child support, adoption and some juvenile matters.

JURISDICTION

Ø COUNTY COURT
 
EXCLUSIVE
 
The county court shall have exclusive original jurisdiction in the following cases:
  1. in law and equity for the administration of estates of deceased persons and all guardianship and incompetency proceedings;
  2. the jurisdiction of a juvenile court,
  3. proceedings for the management of the property of persons who have disappeared, and actions relating thereto.

CIVIL

  1. The county court may hear, try, and determine actions at law in which the amount in controversy does not exceed $15,000, exclusive of interest and costs, except for causes involving title to real estate.
EVICTION
 
The county court has jurisdiction of actions of eviction or actions for
  1. unlawful removal or exclusion involving land located wholly or partly within the county court district and
  2. seeking relief for code violations involving premises located wholly or partly within the county court district.

CRIMINAL

  1. The county court has jurisdiction to hear, try and determine any charge of violation of a criminal law of this state constituting a petty misdemeanor, misdemeanor or gross misdemeanor committed within the county court district.
CONCURRENT JURISDICTION
 
The county court shall have concurrent jurisdiction with the District Courts in the following cases:
  1. proceedings for the administration of trust estates or actions relating thereto;
  2. proceedings for divorce, annulment, and legal separation, and actions related thereto;
  3. proceedings under the reciprocal enforcement of support act,
  4. proceedings for adoption and change of name,
  5. proceedings to quiet title to real estate and real estate mortgage foreclosures by action; and
  6. proceedings for the determination of paternity of and establishment and enforcement of child support payments for a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born.

Ø DISTRICT COURTS

  1. The district courts have the original jurisdiction in all civil actions within their respective districts.
  2. The District courts also have the jurisdiction in all cases of crime committed or triable therein, in all special proceedings not exclusively cognizable by some other court or tribunal.
  3. They shall also have appellate jurisdiction in every case in which an appeal thereto is allowed by law from any other court, officer, or body.
  4. The district court has jurisdiction to review a final decision or order of a civil service commission or board upon the petition of an employee or appointing authority.
  5. The district courts also have appellate jurisdiction in every case in which an appeal thereto is allowed by law from any other court, officer, or body.
  6. These courts also have a jurisdiction to entertain writs.

Ø THE COURT OF APPEALS

  1. The Court of Appeals has jurisdiction of appeals from all final decisions of the trial courts, other than the conciliation courts, of the state of Minnesota, except
    1. appeals in legislative or statewide election contests or
    2. criminal appeals in cases in which the defendant has been convicted of murder in the first degree.
  2. The Court of Appeals has jurisdiction of interlocutory appeals.
  3. The Court of Appeals has the jurisdiction to issue writs of certiorari to all agencies, public corporations and public officials, except
    1. the Tax Court and
    2. the Workers' Compensation Court of Appeals.
  4. The Court of Appeals shall have jurisdiction to review on
    1. decisions of the commissioner of employment and economic development
    2. the record the validity of administrative rules, and the decisions of administrative agencies in contested cases,
  5. The Court of Appeals shall have jurisdiction to issue all writs and orders necessary in aid of its jurisdiction with respect to cases pending before it and for the enforcement of its judgments or orders.

Ø THE SUPREME COURT

  1. The Supreme Court of Minnesota entertains Appeals and review from Minnesota Courts of appeal, along with certain administrative functions in overseeing the state's courts.
JURISDICTION
 
Writ
  1. The court has the power to issue to all courts of inferior jurisdiction and to all corporations and individuals, writs of error, certiorari, mandamus, prohibition, quo warranto and all other writs and processes, which are necessary to the execution of the laws and the furtherance of justice.

Appeal

  1. The appeal comes directly from the Workers' Compensation Court of Appeals and the Tax Court.
  2. The Supreme Court also directly receives first-degree murder
  3. appeals.

Review

  1. The Supreme Court reviews matters on certiorari, meaning it reviews cases to set precedent, to clarify legal issues, to resolve statutory conflicts, and to answer constitutional questions.