Does the Wisconsin Supreme Court recognize Wis. Const. art. VII, § 2?

Asked almost 2 years ago - Winnebago, WI

Because in every subject matter jurisdiction and judicial immunity case law that I read, the Court of Appeals and Wisconsin Supreme Court only mention Wis. Const. art. VII, § 8: Except as otherwise provided by law, the circuit court shall have original jurisdiction in all matters civil and criminal within this state and such appellate jurisdiction in the circuit as the legislature may prescribe by law. The circuit court may issue all writs necessary in aid of its jurisdiction.

Yet they never mention Wis. Const. art. VII, § 2, which provides in part: The judicial power of this state shall be vested in . . . a circuit court, such trial courts of general uniform statewide jurisdiction as the legislature may create by law.

Attorney answers (3)

  1. Jeffrey J. Szczewski

    Contributor Level 15


    Lawyers agree

    Answered . I feel like there's something you're trying to get at with this question, but I can't figure out what it is. I haven't looked at this legal issue closely at all, but I wonder if perhaps the passage that they tend to cite more just happens to be the most relevant one. I am confident that all courts recognize the Third Amendment to the United States Constitution, but the need to cite it does not come up much anymore.

    Also, sometimes lawyers who want to make a point in their writing will cite the passage that they always use in that situation, without looking to see if a different citation would be even more topical. Perhaps judges are that way as well.

  2. Robert Pecco Baker

    Contributor Level 13


    Lawyer agrees

    Answered . Did you not already post this in a slightly different manner? The answer is the same.

  3. Harry Edward Hudson Jr

    Contributor Level 20


    Lawyer agrees

    Answered . Other than your obviously rhetorical question, is there really a question? Are you trying to obtain help for a school / academic lesson? Or is there some other issue / concern that is the real focus but not stated?

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more

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