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    From the beginning, one of the major goals of self-governing societies has been to provide justice to its members.  Even though the concept of justice may vary from culture to culture, most societies have tried to develop an effective system of reaching a just decision when there is a controversy.  This system has come to be known as the judiciary or the courts.

    Ninety percent of all court cases are heard in courts of limited jurisdiction, and it is in these courts that most citizens first make contact with the formal process of resolving controversy.  Only a small fraction of cases initiated in courts of limited jurisdiction are eventually reviewed in a higher or appeals court, and for this reason local courts usually have both the first and last word over citizens' experiences with the judiciary.  Because these limited courts often influence over opinion of justice, they are of more than limited importance and a better understanding of their role and operations is needed.

    It is not feasible to describe in detail the total system of courts in the 50 states.  Usually State court systems have a two- or three-tier hierarchy, composed of a supreme of appellate court, general courts, and courts of limited jurisdiction.  The limited courts constitute 77 percent of the total number of courts, and their caseloads are predominantly misdemeanor and traffic offenses.  They also exercise authority over petty civil cases (where there is no right to a jury trial), wills, estates, orphans, adoptions, and juveniles. Known by a variety of names--misdemeanor court, city court, district court, justice of court--they all have limited jurisdiction.

    Unfortunately, because our court system is based on historical antecedents rather than logic, local court do not always have the most efficient structures and procedures.  Our local courts--the traffic offenses, petty larceny, drunkenness, prostitution, and violation of local ordinances--were a direct transplant of the English system which itself had not changed since 1300 A.D.   They were born in a rural America in which great regional differences within most states, local adjudication may have developed a cumbersome framework with overlapping jurisdictions.

    These courts were created in response to increased court loads in the hope that justice would be administered by a judicial officer in the shortest possible time.  Accessibility and speed were responsive to American needs, but serious problems such as insufficient due process safeguards, lack of counsel, judicial officials of limited qualifications, and inadequate facilities have at times frustrated American justice.

    Courts of limited jurisdiction often have overlapping authority and scope, and as a result have been the focus of intensive reform or court unification.   Although the majority of cases end at this stage, most of these limited courts do not keep records of the proceedings, which means that on appeal the case must be heard again in full.

    The justice of the peace, municipal or county court, probate, juvenile, small claims court, and traffic court--these are the most common elements in the State judiciary system.  Each is briefly described below.  It should be noted that they do not exist in all states, nor are their functions the same from state to state.  For example, a jurisdiction may have a juvenile court, but it may not be a court of limited jurisdiction.

Justices of the Peace

    These officials, who are not necessarily lawyers, are elected to administer justice at the local level.  Historically, justices of the peace were usually paid on a fee basis determined by the number of cases they heard and the fines they assessed.  Fees were declared unconstitutional in 1927, but a few jurisdictions continue their use.  Recent reform movements have reduced the responsibilities of the justice of the peace and, in some cases, have abolished the position.  Where this office does exist, most states permit it to have both civil and criminal jurisdiction.

    Justices of the peace usually have limits on their civil jurisdiction:   They cannot hear cases when the dispute involves an amount exceeding a given dollar value, and their criminal jurisdiction is restricted to misdemeanors such as dog violations, bad checks, minor neighborhood or family disputes. and violations of local ordinances.  In some states, in addition to issuing warrants and setting bail, they conduct preliminary hearings for felony offenders.

Municipal and County Courts

    In many large cities, municipal courts have replaced justices of the peace.  In the rural areas their counterpart is the county court.  In both cases the judge is usually a lawyer with higher qualifications than justices of the peace.  Both municipal and county courts (sometimes called district courts) often deal with more serious crimes and with larger sums of money than justices of the peace, and they usually have jurisdiction over both civil and criminal matters.  Civil courts adjudicate controversies between citizens and criminal courts cover both statutory and common criminal law--for example, cases of shoplifting and assault and battery.  The civil jurisdiction of the county court is limited to a designated amount, usually $500 to $1,000.

Probate Courts

    The probate court is sometimes called a surrogate or orphan's court.  Probate courts are usually set apart from the ordinary court structure although jurisdiction may extend over the entire county.  They administer and settle the estates of people who have died without wills, appoint guardians for the decedent's minor children, and in civil cases they may rule to institutionalize the mentally incompetent.  Probate courts also validate and register wills.

Juvenile Courts

    The juvenile court (often called family court) has jurisdiction over young people, usually under the age of 18, who commit criminal offenses.  Truancy cases and cases involving parents who declare children out of their control come to juvenile court.  Some felony offenses committed by juveniles are referred to the adult court that has jurisdiction over that crime.  Juvenile courts also have civil jurisdiction involving dependent or neglected children, including the appointment of guardians.  Adults are also brought before this court when charged with contributing to the delinquency of a minor.
 

Small Claims Courts

    Small claims courts hear petty civil cases, with jurisdiction limited to specified maximum dollar amounts.  Although it may be important to be represented by an attorney in a civil suit, small claims courts are more informal than most courts and are structured to permit participants to represent themselves.  Controversies arising from credit problems are often heard before small claims court.  Cases of alimony, libel, slander, and injunctions, although civil, are not tried in this court; they are referred to a higher court.

Traffic Courts

    Appearing in traffic court is an experience shared by most citizens.  This court hears all offenses involving motor vehicles such as speeding violations or accidents.  Most traffic offenses are misdemeanors, and in some states they are called infractions.  Many states issue traffic violation citations which provide for payment of a set fee in lieu of a court appearance.  Traffic courts are usually incorporated within one of the lower courts of limited jurisdiction.  The trend in recent years has been to take traffic violations out of the judiciary and adjudicate them before a hearing examiner with the state motor vehicle department.

Type of Courts

    The following chart lists the courts of limited jurisdiction for every state except Iowa, Missouri, Idaho, Illinois and South Dakota.  These states and the District of Columbia do not have courts of limited jurisdiction.

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