New York Supreme Court

자료: http://en.wikipedia.org/wiki/New_York_Supreme_Court

기타참고자료: 어느 온라인신문의 독자의견

".... 뉴욕연방대법원 이라는 기관은 없어요 NEW YORK SUPREME COURT는 뉴욕주법원 엄밀히 뉴욕주 1심 법원이에요. 연방대법원은 오직 1곳 DC에 있어요."

이하 영문 위키피디아 내용:

For the highest appellate court in New York, see New York Court of Appeals.

The Supreme Court of the State of New York is New York State's trial court [cf. 사실심(事實審)법정, 제1심 법정], and is of general jurisdiction[cf. 일반관할권].

• There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties.
• All but the most populous counties are grouped into judicial districts from which the justices are elected, with unwritten agreements allotting the judgeships among the counties of the district.

• In most states and in the U.S. federal court system, "supreme court" is the name of the highest court in the state.
• However, the New York Supreme Court is primarily a trial court, roughly equivalent to the "district courts", "superior courts," or "circuit courts" of other states.
• The highest court in New York State is called the "Court of Appeals."

Contents [hide] 1 The Supreme Court today 2 Supreme Court landmarks in New York City 3 Election 4 Trivia 5 America's Cup 6 External links 7 References

[edit]The Supreme Court today

Dutchess County Courthouse, Poughkeepsie

The State Supreme Court handles large civil cases, and also handles felony criminal cases within the five counties that make up New York City. Outside New York City, the County Courts handle felony criminal cases.

Smaller civil cases and less serious criminal cases are handled in other courts: the Civil Court andCriminal Court in New York City; County and District Courts in Nassau and Suffolk Counties on Long Island; and County, City, Town and Village Courts in the rest of the state.

Certain specialized matters are handled by other courts; for example, probate matters are heard inSurrogate's Court, juvenile delinquency and child custody matters in Family Court, and tort and contract claims against the state for monetary damages in the Court of Claims.

Although the New York Supreme Court in theory has unlimited general original jurisdiction over civil litigation, in practice it does not normally hear cases with lower monetary claims that are within the powers of a New York state trial court of limited jurisdiction such as County Court or N.Y.C. Civil Court.

By statute, the Supreme Court has exclusive jurisdiction over three areas: matrimonial actions (such as for divorce or annulment), declaratory judgments, and so-called Article 78 actions, but effectively has exclusive jurisdiction over other areas sounding in equity such as specific performance and rescission of contract, which have been defined by applicable case law as unsuitable for adjudication by the lower courts.

Appeals from Supreme Court decisions go to the New York Supreme Court, Appellate Division, which is New York's intermediateappellate court divided into four appellate departments. Notwithstanding the departments, the Appellate Division is one court, and its decisions are binding on all lower courts unless there is a conflict among the appellate departments.

New York's highest appellate court is the Court of Appeals; appeals are taken from the four departments to the Court of Appeals; decisions from the Court of Appeals are binding throughout the state. (생략)