New Hampshire Superior Court
Encyclopedia
The New Hampshire Superior Court is the statewide court of general 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...

 which provides jury trials 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...

 and 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...

 cases. There are 11 locations of the Superior Court, one for each county and two in Hillsborough County
Hillsborough County, New Hampshire
-Demographics:As of the census of 2000, there were 380,841 people, 144,455 households, and 98,807 families residing in the county. The population density was 435 people per square mile . There were 149,961 housing units at an average density of 171 per square mile...

.

Jurisdiction

The Superior Court has jurisdiction in the following matters:
  • Negligence
    Negligence
    Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...

    , contracts, real property
    Real property
    In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...

     rights and other civil matters with a minimum claim of $1,500 in damages in which either party requests a trial by jury
    Trial by Jury
    Trial by Jury is a comic opera in one act, with music by Arthur Sullivan and libretto by W. S. Gilbert. It was first produced on 25 March 1875, at London's Royalty Theatre, where it initially ran for 131 performances and was considered a hit, receiving critical praise and outrunning its...

    . The Superior Court has exclusive jurisdiction
    Exclusive jurisdiction
    In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...

     over cases in which the damage claims exceed $25,000.
  • Divorce
    Divorce
    Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...

    , child custody
    Child custody
    Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...

     and support and domestic violence. The Superior Court and the District Court
    New Hampshire District Court
    The New Hampshire Circuit Court District Division is the "community court" of the U.S. state of New Hampshire, made up of one circuit for each County and is located in 36 cities and towns. The District Division has jurisdiction over all juvenile matters, domestic violence cases, violation and...

     share jurisdiction over domestic violence
    Domestic violence
    Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...

     cases.
  • Felonies (major crimes such as drugs
    Recreational drug use
    Recreational drug use is the use of a drug, usually psychoactive, with the intention of creating or enhancing recreational experience. Such use is controversial, however, often being considered to be also drug abuse, and it is often illegal...

    , burglary
    Burglary
    Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...

    , theft
    Theft
    In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...

     and aggravated felonious sexual assault
    Sexual assault
    Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....

    ).
  • 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...

     appeals from the District Court.
  • The Superior Court also has exclusive jurisdiction over petitions for injunctive relief, in which parties seek a court order to block action, such as appeals from zoning and planning board decisions, disputes over title to real estate and petitions to enforce contracts.
  • All other cases which are not the jurisdiction of the other courts.


In Grafton
Grafton County, New Hampshire
Grafton County is a county located in the U.S. state of New Hampshire. As of the 2010 census, the population was 89,118. Its county seat is North Haverhill, which is a village within the town of Haverhill. Until 1972, the county courthouse and other offices were located in downtown Woodsville, a...

, Rockingham
Rockingham County, New Hampshire
-Demographics:As of the census of 2000, there were 277,359 people, 104,529 households, and 74,320 families residing in the county. The population density was 399 people per square mile . There were 113,023 housing units at an average density of 163 per square mile...

 and Sullivan
Sullivan County, New Hampshire
-Demographics:As of the census of 2000, there were 40,458 people, 16,530 households, and 11,174 families residing in the county. The population density was 29/; . There were 20,158 housing units at an average density of 38 per square mile...

 Counties, the Family Division has jurisdiction over divorce, custody/support and domestic violence cases.

Organization

The Superior Court has one Chief Justice of the Superior Court and up to 28 associate justices. Currently, 26 justices sitting in 11 locations in the 10 counties. All counties have one courthouse except for Hillsborough County
Hillsborough County, New Hampshire
-Demographics:As of the census of 2000, there were 380,841 people, 144,455 households, and 98,807 families residing in the county. The population density was 435 people per square mile . There were 149,961 housing units at an average density of 171 per square mile...

 which has two. Each court is known by the county which it is located. For example: the superior court located in Rockingham County is known as the "Rockingham Superior Court." The two Hillsborough superior courts are known as "Hillsborough Superior Court North" (located in Manchester
Manchester, New Hampshire
Manchester is the largest city in the U.S. state of New Hampshire, the tenth largest city in New England, and the largest city in northern New England, an area comprising the states of Maine, New Hampshire, and Vermont. It is in Hillsborough County along the banks of the Merrimack River, which...

) and "Hillsborough Superior Court South" (located in Nashua
Nashua, New Hampshire
-Climate:-Demographics:As of the census of 2010, there were 86,494 people, 35,044 households, and 21,876 families residing in the city. The population density was 2,719.9 people per square mile . There were 37,168 housing units at an average density of 1,202.8 per square mile...

).

The Superior Court is headed by the Chief Justice of the Superior Court which is responsible for the administration of the court. The chief justice also recommends marital masters to be nominated and appointed by the governor and council.

Appointment

Part II, Article 46 of the state constitution
New Hampshire Constitution
The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776....

, states all judicial officers shall be nominated and appointed by the Governor and Executive Council
Executive Council of New Hampshire
The Executive Council of the State of New Hampshire is the executive body of the U.S. state of New Hampshire. The Executive Council advises the Governor on all matters and provides a check on the governor's power. New Hampshire is one of the few states that has an Executive Council, and is the...

. It also states that such nominations shall be made at least three days prior to such appointment and no such appointment shall take place unless a majority of the council agrees.

Length of tenure

All judicial officers hold their offices during "good behavior," according to Part II, Article 73 of the state constitution. Part II Article 78 of the state constitution requires Judges retire at the age of seventy years old. Under RSA 491:1, the Chief Justice is appointed to a five-year term and is not prohibited from being reappointed to another term.

Salary

The salaries of the Superior Court justices and other state judges are set by RSA 491-A:1. The Chief Justice of the Superior Court makes $146,917 annually, and associate justices make $137,804 annually.

History

In April 1901, the Superior Court was established by the General Court
New Hampshire General Court
The General Court of New Hampshire is the bicameral state legislature of the U.S. state of New Hampshire. The lower house is the New Hampshire House of Representatives with 400 members. The upper house is the New Hampshire Senate with 24 members...

 when two courts were organized to take the place of the Supreme Court as it then existed. The Supreme Court was given jurisdiction over "law terms," or questions of law heard on appeal. The Superior Court was given jurisdiction over trials. Having the two courts, allowed a trial court’s ruling to be heard by a separate court of appeals of which the trial court judge was not a member.

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External links

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