Superior court
Encyclopedia
In common law
systems, a superior court is a court
of general competence
which typically has unlimited jurisdiction
with regard to civil and criminal legal case
s. A superior court is "superior" relative to a court with limited jurisdiction (see lower court
), which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeal
s from lower courts (see court of appeal
).
exist at the federal, provincial and territorial levels.
The provincial and territorial superior courts of original jurisdiction are courts of general jurisdiction: all legal matters fall within their jurisdiction, unless assigned elsewhere by statute passed by the appropriate legislative authority. Their jurisdiction typically includes civil lawsuits involving contracts, torts, property, and family law. They also have jurisdiction over criminal prosecutions for indictable offences
under the Criminal Code of Canada. They also hear civil appeals from decisions of the provincial and territorial "inferior" courts, as well as appeals from those courts in summary conviction matters under the Criminal Code. They also have jurisdiction of judicial review over administrative decisions by provincial or territorial government entities such as labour boards, human rights tribunals and licensing authorities.
The superior courts of appeal hear appeals from the superior courts of original jurisdiction, as well as from the inferior courts and administrative tribunals. The jurisdiction of the superior courts of appeal are entirely statutory. The details of their jurisdiction will vary depending on the laws passed by the federal government and the particular province or territory.
All judges of the provincial and territorial superior courts are appointed by the federal government under the authority of the Constitution Act, 1867. The judges of the Federal Courts are appointed by the federal government under the authority of the Federal Courts Act.
In a number of jurisdictions in the United States
, the Superior Court is a state trial court
of general jurisdiction with power to hear and decide any civil or criminal action which is not specially designated to be heard in some other court. California
, Maine
, the District of Columbia, and Georgia
are all examples of such jurisdictions. Equivalent courts in other states are variously known as courts of common pleas, (Pennsylvania
, Ohio
, and others), circuit courts (Illinois
, Michigan
, Oregon
and others), district courts (Louisiana
, Texas
, Hawaii
and others) or, in the case of New York
, supreme courts.
The term "superior court" raises the obvious question of superior to what. Formerly, many jurisdictions had inferior trial courts of limited jurisdiction such as municipal courts, traffic courts, and justice of the peace courts, so it was natural to call the next level of courts "superior." However, some states, like California, have unified their court systems. In California, all lower courts were absorbed into the Superior Courts of California
after 1998. The lower courts now exist only as mere administrative subdivisions of the superior courts. The superior courts are legally no longer superior to any other trial courts. Thus, the term "superior court" persists in California only as a matter of tradition.
In Pennsylvania
, the Superior Court is an appellate court
. In New Jersey
, the Superior Court
comprises trial courts of general jurisdiction, courts of equity, and an appellate
division.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
systems, a superior court is a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
of general competence
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...
which typically has unlimited 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...
with regard to civil and criminal legal case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
s. A superior court is "superior" relative to a court with limited jurisdiction (see lower court
Lower court
A lower court is a court from which an appeal may be taken. In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed, which may be the original trial court or an appellate court lower in rank than the superior court which is hearing the...
), which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s from lower courts (see court of appeal
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
).
Origin of the Term "Superior Court"
The term "superior court" has its origins in the English court system. The royal courts were the highest courts in the country, with what would now be termed supervisory jurisdiction over baronial and local courts. Decisions of those courts could be reviewed by the royal courts, as part of the Crown's role as the ultimate fountain of justice. The royal courts became known as the "superior courts", while lower courts whose decisions could be reviewed by the royal courts became known as "inferior courts". The decisions of the superior courts were not reviewable or appealable, unless an appeal was created by statute.England and Wales
In England and Wales, the Court of Appeal, the High Court and the Crown Court are all superior courts of record.Canada
Superior Courts in CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
exist at the federal, provincial and territorial levels.
The provincial and territorial superior courts of original jurisdiction are courts of general jurisdiction: all legal matters fall within their jurisdiction, unless assigned elsewhere by statute passed by the appropriate legislative authority. Their jurisdiction typically includes civil lawsuits involving contracts, torts, property, and family law. They also have jurisdiction over criminal prosecutions for indictable offences
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
under the Criminal Code of Canada. They also hear civil appeals from decisions of the provincial and territorial "inferior" courts, as well as appeals from those courts in summary conviction matters under the Criminal Code. They also have jurisdiction of judicial review over administrative decisions by provincial or territorial government entities such as labour boards, human rights tribunals and licensing authorities.
The superior courts of appeal hear appeals from the superior courts of original jurisdiction, as well as from the inferior courts and administrative tribunals. The jurisdiction of the superior courts of appeal are entirely statutory. The details of their jurisdiction will vary depending on the laws passed by the federal government and the particular province or territory.
All judges of the provincial and territorial superior courts are appointed by the federal government under the authority of the Constitution Act, 1867. The judges of the Federal Courts are appointed by the federal government under the authority of the Federal Courts Act.
United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the Superior Court is a state 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 :...
of general jurisdiction with power to hear and decide any civil or criminal action which is not specially designated to be heard in some other court. California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
, the District of Columbia, and Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
are all examples of such jurisdictions. Equivalent courts in other states are variously known as courts of common pleas, (Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
, Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, and others), circuit courts (Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
and others), district courts (Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
and others) or, in the case of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, supreme courts.
The term "superior court" raises the obvious question of superior to what. Formerly, many jurisdictions had inferior trial courts of limited jurisdiction such as municipal courts, traffic courts, and justice of the peace courts, so it was natural to call the next level of courts "superior." However, some states, like California, have unified their court systems. In California, all lower courts were absorbed into the Superior Courts of California
Superior Courts of California
The Superior Courts of California are the superior courts in the U.S. state of California with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a government agency...
after 1998. The lower courts now exist only as mere administrative subdivisions of the superior courts. The superior courts are legally no longer superior to any other trial courts. Thus, the term "superior court" persists in California only as a matter of tradition.
In Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
, the Superior Court is an appellate court
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
. In New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, the Superior Court
New Jersey Superior Court
The Superior Court is the state court in the U.S. state of New Jersey, with state-wide trial and appellate jurisdiction. The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts...
comprises trial courts of general jurisdiction, courts of equity, and an appellate
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
division.
In popular culture
- Superior Court was a popular daytime television programme in the 1980s.
External links
- California Courts-the Judicial Branch of California
- Los Angeles Superior Court