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Decisions of Delaware State Courts

The Delaware state court system is more complex and has more levels than the federal court system. Delaware has four separate trial courts, each with jurisdiction over different kinds of cases. The Justice of the Peace Courts are small claims courts that hear traffic cases, landlord-tenant cases, criminal misdemeanor cases, and civil cases where small dollar amounts are involved. Family courts decide divorce, child custody, and related complaints. Courts of Common Pleas hear appeals from Justice of the Peace and family courts and also have original jurisdiction to hear more complex civil and criminal cases. Finally, the Superior Court hears a wide variety of civil and criminal cases, including personal injury, libel and slander, medical malpractice, legal malpractice, property cases involving mortgage foreclosures, mechanics liens, condemnations, felonies and drug offenses (except most felonies and drug offenses involving minors and except possession of marijuana cases), and involuntary commitments of the mentally ill to the Delaware Psychiatric Center.

Delaware also has a unique Chancery Court with jurisdiction over corporate matters, trusts, estates, fiduciary matters, disputes involving the purchase and sale of land, questions of title to real estate, and commercial and contractual matters in general.

Delaware's Supreme Court has final appellate jurisdiction in criminal cases in which the sentence exceeds certain minimums, in many civil cases, and for certain other orders of the Court of Chancery, the Superior Court, and the Family Court.

There is a unified web site for all Delaware courts. Copies of recent decisions can be downloaded from that site.

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