State Court System Flashcards
4 tier system
- 2 trial
- 2 appellate
Maryland’s 4 tier system
MD Court of Appeals
MD Court of Special Appeals
8 MD Circuit Courts (also juvenile & orphan)
12 MD District Courts
MD District Court jurisdiction
- limited jurisdiction
- ONLY original jurisdiction
MD District Courts handles…
- minor cases
- civil cases ALL less than $5,000
- concurrent $5,000-$30,000 jurisdiction with circuit court
- ALWAYS bench trials
- Need $15,000 to move to circuit court to get a jury
MD District Courts examples of cases…
-landlord/tenant
-motor vehicle violations
-criminal cases (with a maximum penalty is less than 3 years and less than $2,500)
~anything higher goes to circuit or district
Who appoints court commissioners
Chief Judge
MD Circuit Court Jurisdiction
- state trial court of general jurisdiction
- major trial court
- Appellate & Original jurisdiction
Appellate Jurisdiction
for MD Circuit Court
TRIAL DE NOVO (new trial)
If there is an appeal in the MD district court the case goes to circuit court and gets a new trial
Original Jurisdiction
for MD Circuit Court
when there is
- 3 years imprisonment or greater
- $2,500 fine or greater
MD Circuit Court handles…
- civil cases (largest category of cases)
- from $5,000 up to $30,000 concurrent jurisdiction with District Court
- ALL above $30,000
- Equity cases
- Need $15,000 to get a jury
Juvenile Courts
- differs in every state
- 17 is max age to be a juvenile is MD
- not public
- If there is an appeal = goes to Circuit Court Judge
Name of Juvenile Judges
Juvenile Masters
Maryland Court of Special Appeals
- gets all of cases by appeals and determines is a mistake has been made
- created to ease work of appellate court
- 15 judges
- Uses 3 Judge panel (can have 5 running at the same time)
- rarely En Banc
- Have a Chief Judge to oversee
- Resides in Annapolis
Maryland Court of Appeals
- Maryland highest court
- Only Appellate Jurisdiction (make sure no mistake)
- made under constitution
- 7 judges (all 7 take part, majority vote)
- Chief Judge oversees
- Resides in Annapolis
Two Ways Maryland Court of Appeals can get cases:
1. ORDER UP
Any case that is currently before Maryland Court of Special Appeals——— The judges on the MD court of Appeals can order that it be sent up to them directly if it raises a significant legal questions (this is rare)