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Delaware Del. Const. Art. IV, § 7 Jurisdiction of the Superior Court

The Superior Court shall have jurisdiction of all causes of a civil nature, real, personal and mixed, at common law and all the other jurisdiction and powers vested by the

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laws of this State in the formerly existing Superior Court; and also shall have all the jurisdiction and powers vested by the laws of this State in the formerly existing Court of General Sessions of the Peace and Jail Delivery; and also shall have all the jurisdiction and powers vested by the laws of this State in the formerly existing Court of General Sessions; and also shall have all the jurisdiction and powers vested by the laws of this State in the formerly existing Court of Oyer and Terminer.

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Delaware Del. Const. Art. IV, § 1 Creation of Courts

The judicial power of this State shall be vested in a Supreme Court, a Superior Court, a Court of Chancery, a Family Court, a Court of Common Pleas, a Register's

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Court, Justices of the Peace, and such other courts as the General Assembly, with the concurrence of two-thirds of all the Members elected to each House, shall have by law established prior to the time this amended Article IV of this Constitution becomes effective or shall from time to time by law establish after such time.

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Delaware 10 Del. C. § 925(1)-(19) General Jurisdiction

The Court and each Judge shall have authority to: (1) Conserve the peace; (2) Commit or bind, with or without surety, as a committing magistrate, for appearance at the proper court, persons charged with having

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violated the law together with material witnesses and impose conditions as set forth in § 1021 of this title; (3) Determine and punish civil and criminal contempt; (4) Issue process for the exercise of its jurisdiction and require service thereof under pain of contempt (5) Receive, hear, and make recommendations concerning matters assigned to it by any state or municipal court. Such recommendations shall be certified to the assigning court; (6) Transfer for good cause any proceeding from the Court in 1 county to the Court in any other county; (7) Enter, proceed on, and satisfy in the name of the State any forfeited bond, provided however, that the proceeds of any bond forfeited for a party’s failure to appear in any civil or criminal child support proceeding shall be paid over to the payee of the child support order and applied to the child support account (8) Sit separately or jointly with any or all other Judges; (9) Hear, determine, render, and enforce judgment in any proceeding before the Court; (10) Assess fees, costs, and fines; or remit them in proper cases; (11) After due notice to interested parties, review, revise, or revoke any prior order of the Court with reference to the custody, control, care, support or visitation of any person, or in any proceeding where failure to do so would result in manifest injustice (12) Punish for contempt any person who, in order to evade the Court’s jurisdiction, removed from the State any child concerning whose possession, custody, or alleged unlawful detention, a writ of habeas corpus or other proceeding has been filed; (13) Administer oaths and take acknowledgments; (14) Appoint guardians ad litem; (15) In any civil action where jurisdiction is otherwise conferred upon the Family Court, it may enter such orders against any party to the action as the principles of equity appear to require. (16) Appoint guardians of the person over minors under 18 years of age (17) Appoint attorneys and/or Court-Appointed Special Advocates to serve as guardians ad litem to represent the best interests of a child in any child welfare proceeding; (18) Determine and enter disposition for alleged violations of probation by juveniles in accordance with the procedures established at § 4334 of Title 11. The term Commissioner or any probation counselor as used in § 4334 of Title 11 shall include the appropriate member of the Department of Services for Children, Youth and Their Families; (19) Decide appeals from administrative hearings of substantiated cases of abuse or neglect made pursuant to § 902A(d) of Title 16[repealed], and to decide appeals made pursuant to § 902A(g) of Title 16 [repealed] for orders of administrative expungement of substantiation for the purpose of no longer reporting an individual’s name pursuant to § 8563(b) of Title 11.

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Delaware Del. Const. Art. IV, § 7B Jurisdiction of the Court of Common Pleas

The Court of Common Pleas shall have all the jurisdiction and powers vested by the laws of this State in the Court of Common Pleas.

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Delaware 10 Del. C. § 341 Matters and Causes in Equity

The Court of Chancery shall have jurisdiction to hear and determine all matters and causes in equity.

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Delaware Del. Const. Art. IV, § 11 Justices Jurisdiction of the Supreme Court

The Supreme Court shall have jurisdiction as follows: (1)(a) To receive appeals from the Superior Court in civil causes and to determine finally all matters of appeal in the interlocutory

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or final judgments and other proceedings of said Superior Court in civil causes: Provided that on appeal from a verdict of a jury, the findings of the jury, if supported by evidence, shall be conclusive. (1)(b) To receive appeals from the Superior Court in criminal causes, upon application of the accused in all cases in which the sentence shall be death, imprisonment exceeding one month, or fine exceeding One Hundred Dollars, and in such other cases as shall be provided by law; and to determine finally all matters of appeal on the judgments and proceedings of said Superior Court in criminal causes: Provided, however, that appeals from the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution shall be governed by the provisions of that Section. (1)(c) Notwithstanding any provisions of this Section to the contrary, to receive appeals from the Superior Court in criminal causes, upon application by the State in all causes in which the Superior Court, or any inferior court an appeal from which lies to the Superior Court, has granted an accused any of the following: a new trial or judgment of acquittal after a verdict, modification of a verdict, arrest of judgment, relief in any post-conviction proceeding or in any action collaterally attacking a criminal judgment, or a new punishment hearing in a capital case after the court has imposed a sentence of death, or any order or judgment declaring any act of the General Assembly, or any portion of any such act, to be unconstitutional under either the Constitution of the United States or the State of Delaware, inoperative or unenforceable, except that no appeal shall lie where otherwise prohibited by the double jeopardy clause of the Constitution of the United States or of this State. Notwithstanding anything in this Article to the contrary, the General Assembly may by statute implement the jurisdiction herein conferred. (2) Wherever in this Constitution reference is made to a writ of error or a proceeding in error to the Superior Court, such reference shall be construed as referring to the appeal provided for in Section (1)(a) and Section (1)(b) of this Article. (3) To receive appeals from the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution and to determine finally all matters of appeal in such cases. (4) To receive appeals from the Court of Chancery and to determine finally all matters of appeal in the interlocutory or final decrees and other proceedings in chancery. (5) To issue writs of prohibition, quo warranto, certiorari and mandamus to the Superior Court, and the Court of Chancery, or any of the Judges of the said courts and also to any inferior court or courts established or to be established by law and to any of the Judges thereof and to issue all orders, rules and processes proper to give effect to the same. The General Assembly shall have power to provide by law in what manner the jurisdiction and power hereby conferred may be exercised in vacation and whether by one or more Justices of the Supreme Court. (6) To issue such temporary writs or orders in causes pending on appeal, or on writ of error, as may be necessary to protect the rights of parties and any Justice of the Supreme Court may exercise this power when the court is not in session. (7) To exercise such other jurisdiction by way of appeal, writ of error or of certiorari as the General Assembly may from time to time confer upon it. (8) To hear and determine questions of law certified to it by other Delaware courts, the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court, a United States Bankruptcy Court, the United States Securities and Exchange Commission, or the highest appellate court of any other state, the highest appellate court of any foreign country, or any foreign governmental agency regulating the public issuance or trading of securities, where it appears to the Supreme Court that there are important and urgent reasons for an immediate determination of such questions by it.

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Delaware Del. Const. Art. IV, § 17 Jurisdictional Changes by General Assembly; Appeals to Supreme Court

The General Assembly, notwithstanding anything contained in this Article, shall have power to repeal or alter any Act of the General Assembly giving jurisdiction to the former Court of Oyer

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and Terminer, the former Superior Court, the former Court of General Sessions of the Peace and Jail Delivery, the former Court of General Sessions, the Superior Court hereby established, the Family Court hereby established, the Court of Common Pleas hereby established or the Court of Chancery, in any matter, or giving any power to any of the said courts. The General Assembly shall also have power to confer upon the Superior Court, the Family Court, the Court of Common Pleas and the Court of Chancery jurisdiction and powers in addition to those hereinbefore mentioned. Until the General Assembly shall otherwise direct, there shall be an appeal to the Supreme Court in all cases in which there is an appeal, according to any Act of the General Assembly, to the former Court of Errors and Appeals or to the former Supreme Court of this State.

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Delaware Del. Const. Art. IV, § 28 Criminal Jurisdiction of Inferior Courts and Justices of the Peace; Regulation of Jurisdiction; Indictment; Jury Trial; Appeals

The General Assembly may by law give to any inferior courts by it established or to be established, or to one or more justices of the peace, jurisdiction of the

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criminal matters following, that is to say--assaults and batteries, carrying concealed a deadly weapon, disturbing meetings held for the purpose of religious worship, nuisances, and such other misdemeanors as the General Assembly may from time to time, with the concurrence of two-thirds of all the Members elected to each House, prescribe. The General Assembly may by law regulate this jurisdiction, and provide that the proceedings shall be with or without indictment by grand jury, or trial by petit jury, and may grant or deny the privilege of appeal to the Superior Court; provided, however, that there shall be an appeal to the Superior Court in all cases in which the sentence shall be imprisonment exceeding one (1) month, or a fine exceeding One Hundred Dollars ($100.00).

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Delaware 10 Del. C. § 9301 Civil Jurisdiction; Amount in Controversy

Unless otherwise specified by law, the Justice of the Peace Court shall have civil jurisdiction over the following: (1) Common-law actions in contract, express or implied, and common-law actions in

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tort for damage, destruction or taking of personal property (including replevin), for injury to real property, and for trespass on the land. Jurisdiction over such actions shall be limited to actions in which the matter in demand, damage claimed, or the value of the property whose return is sought does not exceed $15,000. A penalty in any contract exceeding that sum shall not exclude it from this jurisdiction if the sum actually due thereon is within it. The interest also due on any cause of action within this jurisdiction may be added, although the judgment, with interest so added, exceeds $15,000. (2) Actions for any penalty or forfeiture incurred under the provisions of any statute, bylaw or ordinance authorized by statute when the matter in demand does not exceed $15,000. The interest also due on any such cause of action may be added, although the judgment, with interest so added, exceeds $15,000. (3) Summary possession actions as provided in Chapter 57 of Title 25. (4) Distress for rent actions as provided in Chapter 63 of Title 25. (5) Truancy actions as provided in Chapter 27 of Title 14. Except as otherwise provided in Chapter 27 of Title 14, the Justice of the Peace Court shall have original exclusive jurisdiction of such actions. (6) Any other civil jurisdiction provided by law.

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Idaho Idaho Const. Art. V, § 9 Original and Appellate Jurisdiction of Supreme Court

The Supreme Court shall have jurisdiction to review, upon appeal, any decision of the district courts, or the judges thereof, any order of the public utilities commission, any order of

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the industrial accident board, and any plan proposed by the commission for reapportionment created pursuant to section 2, article III; the legislature may provide conditions of appeal, scope of appeal, and procedure on appeal from orders of the public utilities commission, of the industrial accident board. On appeal from orders of the industrial accident board the court shall be limited to a review of questions of law. The Supreme Court shall also have original jurisdiction to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all writs necessary or proper to the complete exercise of its appellate jurisdiction.

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Idaho Idaho Const. Art. V, § 11 District Courts -- Judges and Terms

The state shall be divided into five (5) judicial districts, for each of which a judge shall be chosen by the qualified electors thereof, whose term of office shall be

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four (4) years. And there shall be held a district court in each county, at least twice in each year, to continue for such time in each county as may be prescribed by law. But the legislature may reduce or increase the number of districts, district judges and district attorneys. This section shall not be construed to prevent the holding of special terms under such regulations as may be provided by law.

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Idaho Idaho Const. Art. V, § 14 Special Courts in Cities and Towns

The legislature may provide for the establishment of special courts for the trial of misdemeanors in incorporated cities and towns, where the same may be necessary.

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Idaho Idaho Code § 1-2403 Court of Appeals Established -- Administration and Supervision

There is hereby created the Idaho court of appeals. The court of appeals shall be part of the judicial branch of government and shall be subject to administration and supervision

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by the supreme court of Idaho pursuant to article 5, section 2 of the Idaho constitution.

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Idaho Idaho Code § 1-2406 Jurisdiction -- Assignment and Revocation of Assignment of Cases -- Authority in Furtherance of Jurisdiction

(1) Any provision of law to the contrary notwithstanding, the Idaho court of appeals shall have jurisdiction to hear and to decide all cases assigned to it by the Idaho

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supreme court; provided, that the supreme court shall not assign cases invoking the supreme court’s original jurisdiction, nor appeals from imposition of sentences of capital punishment in criminal cases, nor appeals from the industrial commission, nor appeals from the public utilities commission. (2) In assigning cases to the Idaho court of appeals, the Idaho supreme court shall give due regard to the workload of each court, to the error review and correction functions of the court of appeals, and to the desirability of retaining for decision by the supreme court those cases in which there is substantial public interest or in which there are significant issues involving clarification or development of the law. (3) Upon motion of any party, or upon recommendation of the court of appeals, or upon its own motion, the supreme court may revoke assignment of a case to the court of appeals. In the event of such transfer or revocation of assignment, the case shall be heard and decided by the supreme court. (4) A judge of the court of appeals may be assigned cases in other courts from time to time by the chief justice of the supreme court of Idaho, and when so assigned shall have the same powers, duties and functions as a judge of the court to which he is assigned; provided, however, that no judge shall participate in the review by the supreme court or by the court of appeals of a case in which he participated while serving on the district court or court of appeals.

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Idaho Idaho Code § 1-2201 Magistrate Division of District Court -- Established

Pursuant to the provisions of section 2 of article V of the Idaho Constitution there is hereby established in each county of the state of Idaho a magistrate division of

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the district court.

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Idaho Idaho Code § 1-2208 Assignment of Cases to Magistrates

Subject to rules promulgated by the supreme court, the administrative judge in each judicial district or any district judge in the district designated by him may assign to magistrates, severally,

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or by designation of office, or by class or category of cases, or in specific instances the following matters: (1) Civil proceedings as follows: (a) When the amount of money or damages or the value of personal property claimed does not exceed five thousand dollars ($5,000): (i) Actions for the recovery of money only arising on contracts express or implied; actions for damages for injury to person, property or reputation or for taking or detaining personal property, or for fraud; (ii) Actions for rent and distress for rent; (iii) Actions for claim and delivery; (iv) Proceedings in attachment, garnishment, wage deductions for the benefit of creditors, trial or right of personal property and exemptions, and supplementary proceedings; (v) Actions arising under the laws for the incorporation of cities or counties or any ordinance passed in pursuance thereof; actions for the confiscation or abatement of nuisances and the seizure, condemnation and forfeiture of personal property; proceedings in respect of estrays and lost property; (vi) Actions to collect taxes. (b) Proceedings in forcible entry, forcible detainer, and unlawful detainer; and (c) Proceedings for the enforcement and foreclosure of common law and statutory liens of not to exceed five thousand dollars ($5,000) on real or personal property. (2) Proceedings in the probate of wills and administration of estates of decedents, minors and incompetents. (3) The following criminal and quasi-criminal proceedings: (a) Misdemeanor and quasi-criminal actions; (b) Proceedings to prevent the commission of crimes; (c) Proceedings pertaining to warrants for arrest or for searches and seizures; and (d) Proceedings for the preliminary examination to determine probable cause, commitment prior to trial or the release on bail of persons charged with criminal offenses. (4) Any juvenile proceedings except those within the scope of the provisions of section 1-2210, Idaho Code. (5) Proceedings under the Idaho traffic infractions act, chapter 15, title 49, Idaho Code.

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Idaho Idaho Code § 1-2210 Assignments Restricted to Magistrates Who are Attorneys

(1) The supreme court by rule may specify additional categories of matters assignable to magistrates, except that the following matters may not be assigned to magistrates who are not attorneys:

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(a) Civil actions in which the amount of money or damages or the value of property claimed exceeds five thousand dollars ($5,000), except as otherwise authorized by this act; (b) Criminal proceedings in which the maximum authorized punishment exceeds the punishment authorized for misdemeanors; (c) All proceedings involving the custody of minors and all habeas corpus proceedings; (d) Proceedings for divorce, separate maintenance or annulment; and (e) Proceedings in quo warranto, or for injunction, prohibition, mandamus, ne exeat, or appointment of a receiver. (2) The supreme court may assign an attorney magistrate to temporary service on the supreme court, except an attorney magistrate may not be assigned to hear cases in which the attorney magistrate participated, nor may an attorney magistrate be assigned to hear cases which originated in his or her judicial district.

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Idaho Idaho Code § 1-2301 Small Claims Department -- Creation -- Scope of Claims -- Venue

In every magistrate's division of the district court of this state, the district court may create and organize a "Small Claims Department of the Magistrate's Division," which shall have jurisdiction

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in cases for the recovery of money where the amount of each claim does not exceed five thousand dollars ($ 5,000), and in cases for the recovery of personal property where the value of the property does not exceed five thousand dollars ($ 5,000); provided however, that the small claims department shall not award punitive damages or damages for pain or suffering in any proceeding. Any action brought in a small claims department of the magistrate's division shall be brought in the magistrate's division in the county where the defendant resides or the county where the cause of action arose. A defendant may request a change of venue if an action is brought in an improper county.

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Idaho Idaho Code § 20-505 Jurisdiction

Subject to the prior jurisdiction of the United States, the court shall have exclusive, original jurisdiction over any juvenile and over any adult who was a juvenile at the time

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of any act, omission or status, in the county in which the juvenile resides, or in the county in which the act, omission or status allegedly took place, in the following cases: (1)  Where the act, omission or status occurs in the state of Idaho and is prohibited by federal, state, local or municipal law or ordinance by reason of minority only; (2)  Where the act or omission occurs in the state of Idaho and is a violation of any federal, state, local or municipal law or ordinance which would be a crime if committed by an adult; (3)  Concerning any juvenile where the juvenile comes under the purview of the interstate compact for juveniles as set forth in chapter 19, title 16, Idaho Code; (4)  This chapter shall not apply to juvenile violators of beer, wine or other alcohol and tobacco laws; except that a juvenile violator under the age of eighteen (18) years at the time of the violation may, at the discretion of the court, be treated under the provisions of this chapter, provided that a juvenile taken into custody pursuant to section 20-516(1)(c), Idaho Code, for an alcohol age infraction under section 18-1502(e), Idaho Code, shall be treated within the provisions of this chapter; (5)  This chapter shall not apply to the juvenile offenders who are transferred for criminal prosecution as an adult, as provided in this chapter; (6)  This chapter shall not apply to juvenile violators of traffic, watercraft, fish and game, failure to obey a misdemeanor citation and criminal contempt laws; except that a juvenile violator under the age of eighteen (18) years at the time of such violation may, at the discretion of the court, be treated under the provisions of this chapter; (7)  This chapter shall not apply to juvenile sex offenders who violate the provisions of section 18-8414, Idaho Code.

 

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Idaho Idaho Code § 16-1604 Retention of Jurisdiction

Jurisdiction obtained by the court under this chapter shall be retained until the child's eighteenth birthday, unless terminated prior thereto. Jurisdiction of the court shall not be terminated by an

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order of termination of parental rights if guardianship and/or custody of the child is placed with the department of health and welfare.

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