|
Minnesota Law |
|
|
Minnesota's Legal & Judicial System
Minnesota's Legal & Judicial SystemAs one may remember from civics class, there are three branches of government: legislative, executive, and judicial. The legislative branch creates the laws, the executive branch enforces the laws, and the judicial branch interprets the laws. Laws are also called statutes or codes. The executive branch can create rules or regulations to govern its administrative procedures and the judicial branch may also interpret these regulations. When a case is brought before a court, the court applies the law to the facts of the case and a decision is made. There are many sources of law the court uses in making its decision: the Constitutions of both the United States and the State of Minnesota, statutes, regulations and prior decisions of its own or of other higher courts (case law). The way in which a higher court answers a legal question is binding on all other lower courts within that jurisdiction when faced with the same legal question. For example, if the Minnesota Supreme Court decides a legal question, all state courts in Minnesota must follow that decision. However, state courts in Wisconsin would not have to follow the Minnesota decision because they are in a different jurisdiction.
Representation
JurisdictionThere are three types of subject matter jurisdiction: exclusive, general, and limited. Exclusive jurisdiction means that only a particular court can decide a case. An example of exclusive subject matter jurisdiction is bankruptcy court. Only in a federal bankruptcy court can a person file a bankruptcy action. State courts have no jurisdiction in bankruptcy cases. General jurisdiction means that a court has the ability to hear and decide a wide range of cases. Unless a law or constitutional provision denies it jurisdiction, a court of general jurisdiction can handle any kind of case. The Minnesota district courts are general jurisdiction courts. Limited jurisdiction means that a court has restrictions on the cases it can decide. Conciliation court is a court of limited jurisdiction because it can only hear and decide cases which claim damages of $7500 or less.
Venue
State and Federal Courts
Minnesota has divided its 87 counties into ten judicial districts. Each judicial district is composed of anywhere from one to 17 counties. Each district court hears cases in each county within its district at some time. As previously mentioned, the district court has general subject matter jurisdiction and handles a wide variety of cases, both civil and criminal. The district courts are courts of original jurisdiction, that is, cases start there. That is where trials are held, witnesses testify, evidence is presented, and judgments are rendered. Depending on the size of the district, some have created specific divisions to handle certain matters such as probate and family. Conciliation court is a division of district court and appeals from conciliation court are heard there. A person who loses a case in district court may appeal the decision. Appeals from district court are typically brought to the Minnesota Court of Appeals. The Minnesota Court of Appeals was created in 1983 to assist the Minnesota Supreme Court with its workload. Unlike the district courts which hear trials with witnesses, jurors, and evidence, the Court of Appeals' primary function is to determine whether there has been an error at the district court level, and if so, to remedy it. The Court of Appeals reviews the transcript from the district court and may also consider written and oral arguments. The Court of Appeals can reverse or affirm a district court ruling or send it back to the district court for additional action. The Court of Appeals hears most appeals from the district courts unless the law specifically states that a particular appeal goes directly to the Minnesota Supreme Court. The Court of Appeals is made up of 16 judges who are divided into rotating three-judge panels. These panels travel throughout the state hearing appeals. Appeals from this court are sent to the Minnesota Supreme Court. The Minnesota Supreme Court is the highest court in the state. Like the Court of Appeals, it does not hold trials but reviews transcripts, takes written and oral arguments, and determines whether there has been an error at the district court level. It may also reverse, affirm, or remand a case. The Supreme Court is the rule-making body for the state courts and has administrative responsibility for the operation of the state court system. The Minnesota Supreme Court is composed of seven justices who hear appeals in St. Paul. A Minnesota Supreme Court decision is a final decision in Minnesota and may be appealed to the United States Supreme Court only if there is a federal issue involved.
The federal government has divided the United States into federal judicial districts. The state of Minnesota makes up one federal judicial district. The federal district court for Minnesota has offices in Minneapolis, St. Paul, and Duluth. Like the state district courts, the federal district court holds trials in cases over which it has jurisdiction. Appeals from the federal district court go to the Eighth Circuit Court of Appeals. Included in the federal system is the bankruptcy court. Federal bankruptcy courts have exclusive jurisdiction over bankruptcy matters. There are four bankruptcy court offices in Minnesota -- Minneapolis, St. Paul, Duluth, and Fergus Falls. The federal government groups the United States' federal judicial districts into circuits, and each circuit has a court of appeals. Minnesota is in the Eighth Circuit along with Arkansas, Iowa, Missouri, Nebraska, North Dakota, and South Dakota. The Eighth Circuit Court of Appeals hears the appeals from federal district courts within the circuit. As in the Minnesota Court of Appeals, the Eighth Circuit Court of Appeals does not try cases, but only reviews cases from lower courts within the circuit. The Eighth Circuit Court of Appeals has an office in St. Paul and its main office in St. Louis, Missouri. Appeals from the Eighth Circuit Court of Appeals are heard at the United States Supreme Court. The United States Supreme Court hears appeals from the circuit courts of appeal and state supreme courts, and other cases in which it has jurisdiction -- cases between states, for example. The court is made up of nine justices and is based in Washington, D.C. The Supreme Court has very broad discretion to decide which cases it will review and only a small percentage of the cases appealed to the United States Supreme Court are actually heard. As with other appellate courts, the refusal to hear an appeal lets stand the lower court's ruling.
|