Unified Judicial System of Pennsylvania
Encyclopedia
The Unified Judicial System of Pennsylvania is the unified state court system of the Commonwealth of Pennsylvania
.
. In every county except for Philadelphia County
, there are Magisterial District Courts. These courts are inferior courts of limited jurisdiction
. They handle landlord-tenant matters
, small civil claims
(cases
involving amount in controversy
up to $12000), summary offenses
, violations of municipal ordinances, and preliminary hearing
s and arraignment
s in greater misdemeanor
and felony
offenses
pursuant to Pennsylvania's Rules of Criminal Procedure. These cases go on to be tried
in the Court of Common Pleas
. In some counties, such as Chester County
, Magisterial District Courts may issue emergency protection from abuse
orders when the Domestic Relations or Court of Common Pleas is closed.
At a preliminary hearing in criminal matters, the Commonwealth must prove a prima facie
case against the accused, in which the Commonwealth argues that (1) a crime
was probably committed and (2) the accused probably committed the crime. Should the Commonwealth meet its burden, the Magisterial District Judge orders the case held for trial in the Court of Common Pleas; otherwise, the case is dismissed at the District Court level. The accused also has the option to waive
his or her right to a preliminary hearing.
Magisterial District Courts divide up their jurisdiction
by geographical location. Most such districts include several municipalities. Larger cities and municipalities may be divided seven of which are located within the City of Allentown
.
Magisterial District Judges do not have to be lawyer
s; however, those who are not lawyers are required to complete a certification course prior to serving. The Magisterial District Courts are supervised by the President Judge of the Court of Common Pleas of that judicial district.
The only county that does not have a Magisterial District Court system is Philadelphia County, which has a Philadelphia County Municipal Court and a Philadelphia County Traffic Court instead. These courts hear similar matters to the Magisterial District Courts, but the jurisdictional limit is $10,000. The Philadelphia Municipal Court has jurisdiction over all misdemeanor criminal matters and presides over preliminary hearings in felony cases. The Philadelphia Traffic Court is a traffic court
. Philadelphia Municipal Court judges must be lawyers, while the Philadelphia Traffic Court judges do not.
All persons have an unlimited right of appeal to from the minor courts to the Courts of Common Pleas.
are the state trial court
s of general jurisdiction
. There are 60 judicial districts, 53 comprising one of Pennsylvania's 67 counties, and seven comprising two counties.
The Courts of Common Pleas hear civil
cases with an amount in controversy
in excess of $7,000 and trials for serious crimes. They have original jurisdiction
over all cases not exclusively assigned to another court and appellate jurisdiction
over judgments from the minor courts. They also hear appeals from certain state
and most local government agencies.
The courts are established by Article V, Section 5 of the Pennsylvania Constitution
: "There shall be one court of common pleas for each judicial district (a) having such divisions and consisting of such number of judges as shall be provided by law, one of whom shall be the president judge; and (b) having unlimited original jurisdiction in all cases except as may otherwise be provided by law."
Each district has from one to 93 judges. Judges of the Common Pleas courts are elected to 10-year terms. A president judge and a court administrator serve in each judicial district. In districts with seven or fewer judges, the president judge with the longest continuous service holds this position. In districts with eight or more judges, the president judge is elected to a five-year term by the court.
The Courts of Common Pleas also hear matters involving family law
(cases involving adoption
, divorce
, child custody
, abuse and neglect
, and guardianships
), juvenile delinquency
, trusts and estates
(such as probate
), and charitable organization
s.
s in Pennsylvania are the Commonwealth Court of Pennsylvania
(for matters involving state agencies) and the Superior Court of Pennsylvania
(for all other appeal
s).
in Pennsylvania is the Supreme Court of Pennsylvania
, the state supreme court
.
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...
.
Minor courts
The commonwealth consists of 67 countiesCounty (United States)
In the United States, a county is a geographic subdivision of a state , usually assigned some governmental authority. The term "county" is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs. Parishes and boroughs are called "county-equivalents" by the U.S...
. In every county except for Philadelphia County
Philadelphia County, Pennsylvania
-History:Tribes of Lenape were the first known occupants in the area which became Philadelphia County. The first European settlers were Swedes and Finns who arrived in 1638. The Netherlands seized the area in 1655, but permanently lost control to England in 1674...
, there are Magisterial District Courts. These courts are inferior courts of limited jurisdiction
Limited jurisdiction
Limited jurisdiction, or special jurisdiction, is the courts' jurisdiction only on certain types of cases such as bankruptcy, family matters, etc....
. They handle landlord-tenant matters
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
, small civil claims
Small claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...
(cases
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
involving amount in controversy
Amount in controversy
Amount in controversy is a term used in United States civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the...
up to $12000), summary offenses
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
, violations of municipal ordinances, and preliminary hearing
Preliminary hearing
Within 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 and arraignment
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
s in greater 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...
and felony
Felony
A 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...
offenses
pursuant to Pennsylvania's Rules of Criminal Procedure. These cases go on to be tried
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
in the Court of Common Pleas
Pennsylvania Courts of Common Pleas
The 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....
. In some counties, such as Chester County
Chester County, Pennsylvania
-State parks:*French Creek State Park*Marsh Creek State Park*White Clay Creek Preserve-Demographics:As of the 2010 census, the county was 85.5% White, 6.1% Black or African American, 0.2% Native American or Alaskan Native, 3.9% Asian, 0.0% Native Hawaiian, 1.8% were two or more races, and 2.4% were...
, Magisterial District Courts may issue emergency protection from abuse
Restraining order
A restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain from doing, certain acts. A party that refuses to comply with an order faces criminal or civil penalties and may have to pay damages or accept sanctions...
orders when the Domestic Relations or Court of Common Pleas is closed.
At a preliminary hearing in criminal matters, the Commonwealth must prove a prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
case against the accused, in which the Commonwealth argues that (1) a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
was probably committed and (2) the accused probably committed the crime. Should the Commonwealth meet its burden, the Magisterial District Judge orders the case held for trial in the Court of Common Pleas; otherwise, the case is dismissed at the District Court level. The accused also has the option to waive
Waiver
A waiver is the voluntary relinquishment or surrender of some known right or privilege.While a waiver is often in writing, sometimes a person's actions can act as a waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted...
his or her right to a preliminary hearing.
Magisterial District Courts divide up their 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...
by geographical location. Most such districts include several municipalities. Larger cities and municipalities may be divided seven of which are located within the City of Allentown
Allentown, Pennsylvania
Allentown is a city located in Lehigh County, Pennsylvania, in the United States. It is Pennsylvania's third most populous city, after Philadelphia and Pittsburgh, and the 215th largest city in the United States. As of the 2010 census, the city had a total population of 118,032 and is currently...
.
Magisterial District Judges do not have to be lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s; however, those who are not lawyers are required to complete a certification course prior to serving. The Magisterial District Courts are supervised by the President Judge of the Court of Common Pleas of that judicial district.
The only county that does not have a Magisterial District Court system is Philadelphia County, which has a Philadelphia County Municipal Court and a Philadelphia County Traffic Court instead. These courts hear similar matters to the Magisterial District Courts, but the jurisdictional limit is $10,000. The Philadelphia Municipal Court has jurisdiction over all misdemeanor criminal matters and presides over preliminary hearings in felony cases. The Philadelphia Traffic Court is a traffic court
Traffic court
Traffic court is a term that refers to a municipality's specialized judicial process for handling traffic ticket cases. In the United States, a person who is given a citation by a police officer can either plead guilty and pay the indicated fine directly to the court house, by mail, or in some...
. Philadelphia Municipal Court judges must be lawyers, while the Philadelphia Traffic Court judges do not.
All persons have an unlimited right of appeal to from the minor courts to the Courts of Common Pleas.
Courts of Common Pleas
The Pennsylvania Courts of Common PleasPennsylvania Courts of Common Pleas
The 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....
are the 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 of general jurisdiction
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...
. There are 60 judicial districts, 53 comprising one of Pennsylvania's 67 counties, and seven comprising two counties.
The Courts of Common Pleas hear 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...
cases with an amount in controversy
Amount in controversy
Amount in controversy is a term used in United States civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the...
in excess of $7,000 and trials for serious crimes. They have original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
over all cases not exclusively assigned to another court and appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
over judgments from the minor courts. They also hear appeals from certain state
Government of Pennsylvania
-History:Pennsylvania has had five constitutions during its statehood: 1776, 1790, 1838, 1874, and . Prior to that, the province of Pennsylvania was governed for a century by a book titled Frame of Government, written by William Penn, of which there were four versions: 1682, 1683, 1696, and...
and most local government agencies.
The courts are established by Article V, Section 5 of the Pennsylvania Constitution
Pennsylvania Constitution
The current Constitution of the Commonwealth of Pennsylvania, most recently revised in 1968, forms the law for the United States Commonwealth of Pennsylvania...
: "There shall be one court of common pleas for each judicial district (a) having such divisions and consisting of such number of judges as shall be provided by law, one of whom shall be the president judge; and (b) having unlimited original jurisdiction in all cases except as may otherwise be provided by law."
Each district has from one to 93 judges. Judges of the Common Pleas courts are elected to 10-year terms. A president judge and a court administrator serve in each judicial district. In districts with seven or fewer judges, the president judge with the longest continuous service holds this position. In districts with eight or more judges, the president judge is elected to a five-year term by the court.
The Courts of Common Pleas also hear matters involving family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
(cases involving adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
, 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...
, abuse and neglect
Child abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
, and guardianships
Legal guardian
A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
), juvenile delinquency
Juvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
, trusts and estates
Trusts and estates
The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation of the event of such person's incapacity or death, also known as the law of successions in civil law...
(such as probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
), and charitable organization
Charitable organization
A charitable organization is a type of non-profit organization . It differs from other types of NPOs in that it centers on philanthropic goals A charitable organization is a type of non-profit organization (NPO). It differs from other types of NPOs in that it centers on philanthropic goals A...
s.
Commonwealth Court and Superior Court
The intermediate appellate courtAppellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
s in Pennsylvania are the Commonwealth Court of Pennsylvania
Commonwealth Court of Pennsylvania
The Commonwealth Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts. The Commonwealth Court's headquarters is in Harrisburg, Pennsylvania. The Superior Court of Pennsylvania is the other intermediate appellate court in the Pennsylvania Unified Judicial System...
(for matters involving state agencies) and the Superior Court of Pennsylvania
Superior Court of Pennsylvania
The Superior Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts, the other being the Commonwealth Court of Pennsylvania. Appeal to the Superior Court is generally of right from final decisions of the Court of Common Pleas...
(for all other 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).
State supreme court
The court of last resortSupreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
in Pennsylvania is the Supreme Court of Pennsylvania
Supreme Court of Pennsylvania
The Supreme Court of Pennsylvania is the court of last resort for the Commonwealth of Pennsylvania. It meets in Philadelphia, Pittsburgh, and Harrisburg, Pennsylvania.-History:...
, the state supreme court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
.
External links
- Official website of the Administrative Office of the Pennsylvania Courts