§ 3-12-101 Purpose — liberal construction
§ 3-12-102 Small claims court authorized
§ 3-12-103 Creation of court
§ 3-12-104 Duration of court
§ 3-12-105 Location — hours
§ 3-12-106 Repealed
§ 3-12-107 Procedure

Terms Used In Montana Code > Title 3 > Chapter 12 > Part 1 - General Provisions

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.