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Overview
of the Delaware Court System
The Delaware Judiciary is composed of the Supreme Court, the Court of
Chancery, the Superior Court, the Family Court, the Court of Common Pleas,
the Justice of the Peace Court, and related judicial agencies.
In terms
of interrelationships among the courts, the Delaware Court system is similar
to a pyramid. The Justice of the Peace Court and the Alderman's Courts
represent the base of the pyramid and the Supreme Court the apex of the
pyramid. As a litigant goes upward through the court system pyramid, the
legal issues generally become more complex and, thus, more costly to litigate.
Courts
The Justice
of the Peace Court, the initial entry level into the court system
for most citizens, has jurisdiction over civil cases in which the disputed
amount is less than $15,000. In criminal cases, the Justice of the Peace
Court hears certain misdemeanors and most motor vehicle cases (excluding
felonies) and the Justices of the Peace may act as committing magistrates
for all crimes. All permissible appeals are to the Court of Common Pleas, with the exception of findings of juvenile delinquency for contempt of court related to truancy proceedings which may be appealed to Family Court.
The Court
of Common Pleas has jurisdiction in civil cases where the amount in
controversy, exclusive of interest, does not exceed $50,000. In criminal
cases, the Court of Common Pleas handles all misdemeanors occurring in
the State except certain drug-related offenses and traffic offenses. Appeals
may be taken to the Superior Court. The Court is also responsible for
all preliminary hearings in felony cases.
The Family Court has extensive jurisdiction
over virtually all family and juvenile matters. All civil appeals, including
those relating to juvenile delinquency, go directly to the Supreme Court
while criminal cases are appealed to the Superior Court.
The Superior
Court, the State's court of general jurisdiction, has original jurisdiction
over criminal and civil cases except equity cases. The Court has exclusive
jurisdiction over felonies and almost all drug offenses. In civil matters,
the Court's authority to award damages is not subject to a monetary maximum.
The Superior Court also serves as an intermediate appellate court by hearing
appeals on the record from the Court of Common Pleas, the Family Court
(in criminal cases), and a number of administrative agencies. Appeals
from the Superior Court may be taken to the Supreme Court.
The Court
of Chancery has jurisdiction to hear all matters relating to equity.
The litigation in this tribunal deals largely with corporate issues, trusts,
estates, other fiduciary matters, disputes involving the purchase of land
and questions of title to real estate as well as commercial and contractual
matters. The Court of Chancery has a national reputation in the business
community and is responsible for developing the case law in Delaware on
corporate matters. Appeals from the Court of Chancery may be taken to
the Supreme Court.
The Supreme
Court is the State's appellate court which receives direct appeals
from the Court of Chancery, the Superior Court, and the Family Court.
As administrative head of the courts, the Chief Justice of the Supreme
Court, in consultation with the other justices, sets administrative policy
for the court system.
Administrative
Office of the Courts
The Administrative Office of the Courts, including the Judicial Information Center and the
Office of the State Court Collections
Enforcement, provides those centralized services to the Delaware judiciary
which are consistent with the statewide policies and goals for judicial
administration and support operations as established by the Chief Justice
of the Supreme Court.
Arms of the Supreme Court
Board
of Bar Examiners
The Board of Bar Examiners shall have the duties and powers set forth
in Supreme Court Rule 51. The Board considers written applications for
admission and the results of the examinations for admissions to the Delaware
State Bar.
Commission on Continuing Legal
Education
Minimum Continuing Legal Education requirements for members of the Delaware
Bar were established by the Supreme Court to ensure that attorneys and
members of the judiciary maintain their professional competence. The Commission
on Continuing Legal Education administers this rule by approving courses
and activities and monitoring compliance with the mandate.
Lawyer's Fund for Client Protection
The Lawyer's Fund for Client Protection (LFCP) is a fund created by the
Delaware Supreme Court to provide monetary relief to clients who have
suffered financial losses as a result of the dishonest conduct of lawyers.
While acts of attorney dishonesty are the exceptions and not the rule,
the Fund was established to show the good faith of all the members of
the Delaware Bar.
Office of Disciplinary Counsel
The Office of Disciplinary Counsel (ODC) assists the Court in regulating
the practice of law. In this capacity, the ODC is charged with evaluating,
investigating, and, if warranted, prosecuting lawyer misconduct.
Agencies
of the Court
Other agencies associated with the Delaware Judiciary include the state
funded agencies: Child Placement Review Board, Law Libraries, Office of the Child Advocate and Public
Guardian. The majority of the components of the Delaware judicial system
are funded by the State. Exceptions to this are the Alderman's Courts,
the Registers of Wills for the Court of Chancery, and the Sheriff's Offices
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