Court of Common Pleas
Encyclopedia
Court of Common Pleas may refer to several different court
s:
England and Wales
and Ireland
:
United States
: four types of state trial court
s still in existence, all with names stemming from English
common law
:
Massachusetts
, New York
, New Jersey
, Rhode Island
, New Hampshire
, Maine
, and Indiana
once had courts called Court of Common Pleas but have since abolished them and merged its functions with other courts:
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...
s:
England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
:
- Court of Common Pleas (England)Court of Common Pleas (England)The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
- Court of Common Pleas (Ireland)Court of Common Pleas (Ireland)The Court of Common Pleas was one of the senior courts of common law in Ireland. It was a mirror image of the equivalent court in England...
United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
: four types of 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 :...
s still in existence, all with names stemming from English
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
common law
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...
:
- Delaware Court of Common PleasDelaware Court of Common PleasThe 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...
: DelawareDelawareDelaware 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...
state court of limited jurisdictionLimited jurisdictionLimited jurisdiction, or special jurisdiction, is the courts' jurisdiction only on certain types of cases such as bankruptcy, family matters, etc....
sitting in all three counties. It hears misdemeanorMisdemeanorA 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...
criminalCriminal lawCriminal 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...
cases; preliminary hearingPreliminary hearingWithin 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 for felonyFelonyA 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...
criminal cases; and civilCivil 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...
cases with a stated value up to $50,000. - Ohio Courts of Common PleasOhio Courts of Common PleasThe 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 . The duties of the courts are outlined in Article IV, Section...
: OhioOhioOhio 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...
state court of general jurisdictionGeneral jurisdictionA 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...
hearing both criminal and civil matters. A Courts of Common Pleas is located in each of Ohio's counties. Judges are elected at largeAt largeThe phrase at large may refer to:* "At Large", a 1959 album by The Kingston Trio* At Large, a classification for a fugitive on the run who is within a very large radius; opposite of "At Small" or "At Close"...
. - Pennsylvania Courts of Common PleasPennsylvania Courts of Common PleasThe Pennsylvania Courts of Common Pleas are the trial courts of the Unified Judicial System of Pennsylvania .The Courts of Common Pleas are the trial courts of general jurisdiction in the state....
: PennsylvaniaPennsylvaniaThe 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...
state court of general criminal and civil jurisdiction, organized by judicial district comprising one or two counties. Judges are elected at large. - South Carolina Court of Common Pleas: The civil division of the South Carolina Circuit CourtSouth Carolina Circuit CourtThe 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 and a criminal division ....
, a court of general jurisdiction. (The Court of General Sessions, which hears criminal matters, is the other division). Circuits organized by judicial district comprising two or more counties.
Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, 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...
, 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...
, Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
, New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
, 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...
, and Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
once had courts called Court of Common Pleas but have since abolished them and merged its functions with other courts:
- In Rhode Island, the Courts of Common Pleas were eliminated in 1893.
- In Massachusetts, the Courts of Common Pleas were eliminated in 1859 and replaced with the Superior Courts.
- In New York, the New York Court of Common PleasNew York Court of Common PleasThe New York Court of Common Pleas was a state court in New York. Established in New Netherland in 1686, the Court remained in existence in the Province of New York and, after the American Revolution, in the U.S...
were eliminated (except in New York CityNew York CityNew York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
) following the 1847 reorganization of the state courts, and were abolished in the City in 1885. - In New Jersey, the Courts of Common Pleas were eliminated when the most recent New Jersey State ConstitutionNew Jersey State ConstitutionThe Constitution of the State of New Jersey is the basic governing document of the State of New Jersey. In addition to three British Royal Charters issued for East Jersey, West Jersey and united New Jersey while they were still colonies, the state has been governed by three constitutions...
was adopted in 1947. - In Indiana, the Court of Common Pleas was eliminated in 1873.
- In Maine, the Circuit Court of Common Pleas, which existed in MassachusettsMassachusettsThe Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
for jury trials, continued in Maine under the Act of Separation and Constitution of Maine until 1822, when the Maine LegislatureMaine LegislatureThe Maine Legislature is the state legislature of the U.S. state of Maine. It is a bicameral body composed of the lower house Maine House of Representatives and the upper house Maine Senate...
created a Court of Common Pleas, consisting of a Chief Justice and two Associate Justices, as a court of limited jurisdictionLimited jurisdictionLimited jurisdiction, or special jurisdiction, is the courts' jurisdiction only on certain types of cases such as bankruptcy, family matters, etc....
, to hold jury terms throughout the State. The Court of Common Pleas was abolished by the Legislature in 1839, when the District Court was established instead. - In New Hampshire, the Court of Common Pleas and the Superior Court of Judicature were abolished in 1813.