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Hawaii State Circuit Courts
The Hawaii state circuit courts are the trial courts of general jurisdiction in Hawaii. They are the primary civil and criminal courts of the Hawaii State Judiciary. The circuit courts are the only Hawaii state courts to conduct jury trials. (The District Courts conduct bench trials while the Intermediate Court of Appeals and Supreme Court are appellate courts). The circuit courts have exclusive original jurisdiction over probate and guardianship cases, criminal felony cases, and civil cases where the amount in controversy exceeds US$40,000. References Hawaii state courts Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ... Courts and tribunals with year of establishment missing {{Hawaii-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hawaii Intermediate Court Of Appeals
The Hawaii State Intermediate Court of Appeals (ICA) is the intermediate appellate court of the Hawaii State Judiciary. It has jurisdiction over appeals from lower courts and agencies. The ICA is composed of one chief judge and five associate judges, who sit in randomly selected panels of three. Each judge is appointed to an initial ten-year term by the Governor. Judges are nominated by the Governor from a list of four to six names submitted by the Judicial Selection Commission. A judge's nomination is subject to confirmation by the Hawaii Senate, but reappointments require only approval of the Judicial Selection Commission. Under article VI, §3 of the Hawaii Constitution, all judges of the Intermediate Court of Appeals, like the justices of the Supreme Court of Hawaii and the judges of the Hawaii State Circuit Courts, have a mandatory retirement age of 70. History The Intermediate Court of Appeals was established in 1979. The court consisted of one chief judge and two associa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusive Jurisdiction
Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one court may take jurisdiction over the case. Exclusive jurisdiction is typically defined in terms of subject matter. For example, gives the United States district courts exclusive jurisdiction over all matters arising in bankruptcy with a few exceptions. On the federal level, exclusive jurisdiction allows the US Supreme Court to review the decisions in lower courts. See also *Original jurisdiction--the power of a court to hear a case for the first time *Appellate jurisdiction--the power of a court to hear a case on appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hawaii State Courts
Hawaii ( ; haw, Hawaii or ) is a U.S. state, state in the Western United States, Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only state geographically located within the tropics. Hawaii comprises Midway Atoll, nearly the entire Hawaiian Islands, Hawaiian archipelago, 137 High island, volcanic islands spanning that are physiography, physiographically and Ethnography, ethnologically part of the Polynesian subregion of Oceania. The state's ocean coastline is consequently the list of U.S. states and territories by coastline, fourth-longest in the U.S., at about . The eight main islands, from northwest to southeast, are Niihau, Niihau, Kauai, Kauai, Oahu, Oahu, Molokai, Molokai, Lanai, Lānai, Kahoolawe, Kahoolawe, Maui, and Hawaii (island), Hawaii—the last of these, after which the state is named, is often called the "Big Island" or "Hawa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amount In Controversy
Amount in controversy (sometimes called jurisdictional amount) is a term used in civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount (or below a certain maximum amount) before that court may hear the case. United States In federal courts Diversity jurisdiction In United States federal courts, the term currently applies only to cases brought under diversity jurisdiction, meaning that the court is able to hear the case only because it is between citizens of different states. In such cases, the U.S. Congress has decreed in 28 U.S.C. § 1332(a) that the court may hear such suits only where "the matter in controversy exceeds the sum or value of $75,000." This amount represents a significant increase from earlier years. Congress first established the amount in controversy requirement when it created diversity jurisdiction in t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon. Some common law countries and jurisdictions no longer classify crimes as felonies or misdemeanors and instead use other distinctions, such as by classifying serious crimes as indictable offences and less serious crimes as summary offences. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Guardian
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a ward. For example, a legal guardian might be granted the authority to make decisions regarding a ward’s housing or medical care or manage the ward’s finances. Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life decisions. Guardianship intends to serve as a safeguard to protect the ward. Anyone can petition for a guardianship hearing if they believe another individual cannot make rational decisions on their own behalf. In a guardianship hearing, a judge ultimately decides whether guardianship is appropriate and, if so, will appoint a guardian. Guardians are typically used in four situations: guardi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probate
Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will. The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court decides the legal validity of a testator's (deceased person's) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner specified ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Original Jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all cases between the Government of India and the States of India or between Government of India and states on one side and one or more states on other side or cases between different states. Original jurisdiction is related to cases directly brought to the Supreme Court. Cases that require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard in the Supreme Court. In case there is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. In addition, Article 131 of the Constitution of India grants original jurisdiction to the S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial Court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law. In the trial court, evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called ''findings of fact'' are made based on the evidence. The court, presided over by one or more judges, makes ''findings of law'' based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials, the jury acting as trier of fact. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Hawaii
The Supreme Court of Hawaii is the highest court of the State of Hawaii in the United States. Its decisions are binding on all other courts of the Hawaii State Judiciary. The principal purpose of the Supreme Court is to review the decisions of the trial courts in which appeals have been granted. Appeals are decided by the members of the Supreme Court based on written records and in some cases may grant oral arguments in the main Supreme Court chamber. Like its mainland United States counterparts, the Supreme Court does not take evidence and uses only evidence provided in previous trials. The court meets in Aliiōlani Hale in Honolulu. History The Supreme Court's reported case law dates back to the 1840s and the reign of Kamehameha III, long before Hawaii was annexed by the United States in 1898. Kamehemeha III sought to modernize the Hawaiian Kingdom by rapidly transitioning from indigenous traditions to a new legal system based on Anglo-American common law. Hawaii is one ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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