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Court Of Common Pleas
A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one another that did not involve the King. The courts of common pleas in England and Ireland were abolished in the 19th century. The only remaining courts retaining the name "court of common pleas" are therefore in the United States: the Courts of Common Pleas of Ohio, Pennsylvania, South Carolina, and Delaware. Of these, the first two are superior trial courts of general jurisdiction, the third is the civil division of the superior trial court of general jurisdiction, and the fourth is an inferior trial court of limited jurisdiction. In all cases, their scope is different from the original Court of Common Pleas at Westminster, as they all have jurisdiction to hear civil matters involving the government, and all but South Carolina's have juri ...
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Court
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, and Administrative law, administrative matters in accordance with the rule of law. Courts generally consist of Judge, judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or Petition, petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authori ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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Court Of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court (law), court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the Monarchy of the United Kingdom, king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench (England), Court of King's Bench. The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Edward Coke, Sir Edward Coke to be the "lock ...
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Ohio Courts Of Common Pleas
The Ohio Courts of Common Pleas are the trial courts of the state court system of Ohio. The courts of common pleas are the trial courts of general jurisdiction in the state. They are the only trial courts created by the Ohio Constitution (in Article IV, Section 1). The duties of the courts are outlined in Article IV, Section 4. Each of Ohio's 88 counties has a court of common pleas. The Ohio General Assembly (the state legislature) has the power to divide courts of common pleas into divisions, and has done so, establishing general, domestic relations, juvenile, and probate divisions: *General divisions have original jurisdiction in all criminal felony cases, all civil cases in which the amount in controversy is more than $15,000, and all cases involving title to real estate, excepting eviction matters. General divisions also have appellate jurisdiction over the decisions of some state administrative agencies and of city agencies. Some Ohio Courts of Common Pleas have spe ...
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Pennsylvania Courts Of Common Pleas
In Pennsylvania, the courts of common pleas are the trial courts of the Unified Judicial System of Pennsylvania (the state court system). The courts of common pleas are the trial courts of general jurisdiction in the state. The name derives from the medieval English court of Common Pleas. Pennsylvania established them in 1722.Courts of Common Pleas
nbsp;– information from the Unified Judicial System of Pennsylvania They hear civil cases with a significant
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South Carolina Circuit Court
The South Carolina Circuit Court is the state court of general jurisdiction of the U.S. state of South Carolina. It consists of a civil division (the Court of Common Pleas) and a criminal division (the Court of General Sessions). The Circuit Court is the state trial court of general jurisdiction in South Carolina. It is also a superior court, having limited appellate jurisdiction over appeals from the lower Probate Court, Magistrate's Court, and Municipal Court. South Carolina's 46 counties are divided into 16 judicial circuits: *First Circuit – Calhoun, Orangeburg, Dorchester *Second Circuit – Aiken, Barnwell, Bamberg *Third Circuit – Lee, Sumter, Clarendon, Williamsburg *Fourth Circuit – Dillon, Chesterfield, Darlington, Marlboro *Fifth Circuit – Kershaw, Richland *Sixth Circuit – Chester, Fairfield, Lancaster *Seventh Circuit – Cherokee, Spartanburg *Eighth Circuit – Abbeville, Newberry, Laurens, Greenwood *Ninth Circuit – Berkele ...
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Delaware Court Of Common Pleas
The Delaware Court of Common Pleas are state courts of the U.S. state of Delaware. The Delaware Court of Common Pleas are trial courts and inferior courts of limited jurisdiction. It has criminal jurisdiction throughout the state over all misdemeanors, except certain drug offenses, and motor vehicle offenses (see traffic court). The Court of Common Pleas also holds preliminary hearings in felony cases, In civil matters, Court of Common Pleas tries lawsuits 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 c ...
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Trial Court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law. In the trial court, Evidence (law), evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called ''findings of fact'' are made based on the evidence. The court, presided over by one or more judges, makes ''findings of law'' based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials, the jury acts as trier of fact. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a benc ...
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General Jurisdiction
A court of general jurisdiction, in the law of the United States, is a court with authority to hear cases in law and in Equity (law), equity of all kinds – criminal law, criminal, civil law (common law), civil, family law, family, probate, and other legal claims. State courts of general jurisdiction U.S. states often provide their State court (United States), state trial courts with general jurisdiction. The Legal Information Institute notes that "often, states will vest their trial courts with general jurisdiction" – with the ability to hear state concurrent jurisdiction, and federal matters in law and in equity, although these courts may also organize themselves into divisions or departments to handle particular matters (eg., by assigning a judge of the court of general jurisdiction to hear that court's criminal matters, or probate, or family law). Federal courts of limited jurisdiction All United States federal courts are courts of limited jurisdiction, limited by consti ...
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Limited Jurisdiction
Limited jurisdiction, or special jurisdiction, is the court's jurisdiction only on certain types of cases such as bankruptcy, and family matters. Courts of limited jurisdiction, as opposed to general jurisdiction, derive power from an issuing authority, such as a constitution or a statute. Special jurisdiction courts must demonstrate that they are authorized to exert jurisdiction under their issuing authority. In contrast, general jurisdiction courts need only to demonstrate that they may assert in personal jurisdiction over a party. Differences Sometimes the term "special courts" is used to refer to courts of limited jurisdiction: "Special courts" has unfortunate connotations, however, because the designation is often given by totalitarian governments to tribunals set up to persecute government opponents or otherwise help commit human rights abuses. That is a different kind of justice: not because it does not confer upon courts the power to hear only certain types of cases; but ...
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Court Of Pleas Of The County Palatine Of Durham And Sadberge
The Court of Pleas of the County Palatine of Durham and Sadberge, sometimes called the Court of Pleas or Common Pleas of or at Durham was a court of common pleas that exercised jurisdiction within the County Palatine of Durham (including the wapentake of Sadberge) until its jurisdiction was transferred to the High Court by the Supreme Court of Judicature Act 1873. Before the transfer of its jurisdiction, this tribunal was next in importance to the Chancery of Durham. The Court of Pleas probably developed from the free court of the Bishop of Durham. The Court of Pleas was clearly visible as a distinct court, separate from the Chancery, in the thirteenth century. Judges The judges who went the Northern Circuit, and to whom a commission to take the assizes at Durham was directed, were judges of the court, and continued to be so, until another commission, directed to other judges, was issued for the next subsequent assizes; during which time, besides trying causes at the assizes, th ...
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Court Of Common Pleas Of The County Palatine Of Lancaster
The Court of Common Pleas of the County Palatine of Lancaster, sometimes called the Common Pleas of or at Lancaster was a court of common pleas that exercised jurisdiction within the County Palatine of Lancaster until its jurisdiction was transferred to the High Court by the Supreme Court of Judicature Act 1873. It was a Superior Court of Record, exercising, within the limits of the County Palatine, a jurisdiction similar to that of the superior courts of common law at Westminster. Judges The Judges of this Court were formerly limited to two in number, being always the two judges of the courts at Westminster who had chosen the Northern Circuit; but by section 24 of the statute 4 and 5 Will 4 c 62, the King was empowered "in right of his duchy and county palatine of Lancaster, from time to time to nominate and appoint all or any of the judges of the superior courts at Westminster, to be judges of this court: provided nevertheless, that the judges before whom the assizes for this ...
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