The Superior Court, the State's court of general jurisdiction, has original jurisdiction over criminal and civil cases except equity cases. The Constitution of Delaware, Article IV, Section 1, authorizes the Family Court. All civil appeals, including those relating to juvenile delinquency, go directly to the Supreme Court while criminal cases are appealed to the Superior Court.
The Family Court has extensive jurisdiction over virtually all family and juvenile matters. By Act of the General Assembly on April 26, 2005, the Court of Common Pleas became a Constitutional Court, pursuant to Article IV, Section 7B of the Delaware Constitution. The statewide Court of Common Pleas was created by Title 10, Chapter 13 of the Delaware Code, effective July 5, 1973. The Court is also responsible for all preliminary hearings in felony cases. Appeals may be taken to the Superior Court. In criminal cases, the Court of Common Pleas handles all misdemeanors occurring in the State except certain drug-related offenses and traffic offenses. The Court of Common Pleas has jurisdiction in civil cases where the amount in controversy, exclusive of interest, does not exceed $75,000 (as of October 21, 2019). The Justice of the Peace Court is authorized by the Constitution of Delaware, Article IV, Section 1. All permissible appeals are to the Court of Common Pleas, with the exception of findings of juvenile delinquency for contempt of court related to truancy proceedings which may be appealed to Family Court. In criminal cases, the Justice of the Peace Court hears certain misdemeanors and most motor vehicle cases (excluding felonies) and the Justices of the Peace may act as committing magistrates for all crimes. The Justice of the Peace Court, the initial entry level into the court system for most citizens, has jurisdiction over civil cases in which the disputed amount is less than $25,000.
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The Judicial Branch is a co-equal, independent branch of government entrusted with the fair, just and efficient resolution of disputes under the rules of law and equity, and with the protection of all rights and liberties guaranteed by the Constitutions of the State of Delaware and the United States. As a litigant goes upward through the court system pyramid, the legal issues generally become more complex and, thus, more costly to litigate. The Justice of the Peace Court represents the base of the pyramid and the Supreme Court the apex of the pyramid.
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In terms of interrelationships among the courts, the Delaware Court system is similar to a pyramid. The Delaware Judiciary is composed of the Supreme Court, the Court of Chancery, the Superior Court, the Family Court, the Court of Common Pleas, the Justice of the Peace Court, and related judicial agencies.