Delaware Court of Common Pleas
Encyclopedia
The Delaware Court of Common Pleas are state courts of the U.S. state
of Delaware
.
The Delaware Court of Common Pleas are trial court
s and inferior courts of limited jurisdiction
. It has criminal
jurisdiction
throughout the state over all misdemeanor
s, except certain drug offenses, and motor vehicle
offenses (see traffic court
). The Court of Common Pleas also holds preliminary hearing
s in felony
cases,
In civil
matters, Court of Common Pleas tries lawsuit
s in which the amount in controversy
does not exceed $50,000 (small claims
), petitions for name change
, habitual offender hearings on the privilege of operating a motor vehicle, and administrative appeals
from the Division of Motor Vehicles
. The Court of Common Plea also has appellate jurisdiction
of criminal matters from Alderman's Courts and criminal and civil matters from the Justice of the Peace Courts.
The Superior Court of Delaware
is the court of general jurisdiction
in Delaware. It has original jurisdiction
in all felony cases and civil suits with in which the amount in controversy exceeds $50,000. Appeals from the Court of Common Pleas generally go to the Superior Court.
The Court currently consists of nine judges sitting in Delaware's three counties: Five in New Castle County
, two in Kent County
, and two in Sussex County
. The Court has three problem-solving court divisions: A Drug Diversion Program
, a Community Dispute Resolution Program, and a Mental Health Court
.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Delaware
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
.
The Delaware Court of Common Pleas are trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
s and inferior courts of limited jurisdiction
Limited jurisdiction
Limited jurisdiction, or special jurisdiction, is the courts' jurisdiction only on certain types of cases such as bankruptcy, family matters, etc....
. It has criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
throughout the state over all misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
s, except certain drug offenses, and motor vehicle
Motor vehicle
A motor vehicle or road vehicle is a self-propelled wheeled vehicle that does not operate on rails, such as trains or trolleys. The vehicle propulsion is provided by an engine or motor, usually by an internal combustion engine, or an electric motor, or some combination of the two, such as hybrid...
offenses (see traffic court
Traffic court
Traffic court is a term that refers to a municipality's specialized judicial process for handling traffic ticket cases. In the United States, a person who is given a citation by a police officer can either plead guilty and pay the indicated fine directly to the court house, by mail, or in some...
). The Court of Common Pleas also holds preliminary hearing
Preliminary hearing
Within some criminal justice systems, a preliminary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial...
s in felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
cases,
In civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
matters, Court of Common Pleas tries lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s in which the amount in controversy
Amount in controversy
Amount in controversy is a term used in United States civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the...
does not exceed $50,000 (small claims
Small claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...
), petitions for name change
Name change
Name change generally refers to a legal act allowing a person to adopt a name different than their name at birth, marriage, or adoption. The procedures and ease of a name change depend on the jurisdiction. In general, common law jurisdictions have loose limitations on name changes while civil law...
, habitual offender hearings on the privilege of operating a motor vehicle, and administrative appeals
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
from the Division of Motor Vehicles
Department of Motor Vehicles
In the United States of America, a Department of Motor Vehicles is a state-level government agency that administers vehicle registration and driver licensing. Similar departments exist in Canada...
. The Court of Common Plea also has appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
of criminal matters from Alderman's Courts and criminal and civil matters from the Justice of the Peace Courts.
The Superior Court of Delaware
Delaware Superior Court
The Delaware Superior Court is the state trial court of general jurisdiction in the state of Delaware. It has original jurisdiction over most criminal and civil cases...
is the court of general jurisdiction
General jurisdiction
A court of general jurisdiction is one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth.-Courts of general jurisdiction in the United States:All federal courts are courts of limited jurisdiction. Many U.S...
in Delaware. It has original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
in all felony cases and civil suits with in which the amount in controversy exceeds $50,000. Appeals from the Court of Common Pleas generally go to the Superior Court.
The Court currently consists of nine judges sitting in Delaware's three counties: Five in New Castle County
New Castle County, Delaware
New Castle County is the northernmost of the three counties of the U.S. state of Delaware. As of 2010 its population was 538,479, an increase of 7.6% over the previous decade. The county seat is Wilmington. The center of population of Delaware is located in New Castle County, in the town of...
, two in Kent County
Kent County, Delaware
Kent County is a county located in the central part of the U.S. state of Delaware. It is coextensive with the Dover, Delaware, Metropolitan Statistical Area. As of 2010 the population was 162,310, a 28.1% increase over the previous decade. The county seat is Dover, the state capital...
, and two in Sussex County
Sussex County, Delaware
Sussex County is a county located in the southern part of the U.S. state of Delaware. As of 2010 the population was 197,145, an increase of 25.9% over the previous decade. The county seat is Georgetown. The Seaford Micropolitan Statistical Area includes all of Sussex County.Sussex County is...
. The Court has three problem-solving court divisions: A Drug Diversion Program
Drug court
Drug Courts are judicially supervised court dockets that handle the cases of nonviolent substance abusing offenders under the adult, juvenile, family and tribal justice systems...
, a Community Dispute Resolution Program, and a Mental Health Court
Mental health courts
Mental health courts link offenders who would ordinarily be prison-bound to long-term community-based treatment. They rely on mental health assessments, individualized treatment plans, and ongoing judicial monitoring to address both the mental health needs of offenders and public safety concerns of...
.