Question for Julie Kate K, Warren K, Randy L, Sarah L, and Carsten P. Briefly describe the structure and jurisdiction of court system below the S.C. Supreme Court. You do not have to include “other judicial and quasi-judicial bodies” that are not really courts, but have an influence on how courts operate, like baliffs who keep order in the courts and provide them security (see chart on p.259).
Thursday, June 7, 2007
The Judiciary – Question 6
Subscribe to:
Post Comments (Atom)
6 comments:
There are several court systems below the SC Supreme Court. There are two primary trial courts in SC: circuit courts and family courts. Circuit Courts hear both civil and criminal cases. The majority are criminal cases in which the penalty is greater than 30 days in jail or $1,000.00. Anyone who commits a felony or a high misdemeanor will go to a circuit court and may request a jury trial. Family Courts hear only cases involving marriage/divorce, custody, name changes, parental rights, visitation, and separation. They also have some jurisdiction over juveniles charged with crimes. The Court of Appeals hears the majority of the appeals from the circuit and family courts. The Court of Appeals has a Chief Judge and eight associate judges. The Court hears approximately 2,500 cases a year. Probate Courts have popularly elected judges instead of having judges elected by the General Assembly. Probate Courts deal with wills, estates, and trusts. They may also deal with incapacitated individuals. Magistrate and Municipal Courts deal with minor offences and civil cases. The jurisdiction of these courts does not exceed $7,500. At that point, the case goes to a circuit court.
-Sarah Luckey
The South Carolina Supreme Court has two major trial courts. The fist is the Circuit courts and the family courts. In many instances the cases that are heard in South Carolina are criminal and the time for the crime is usually thirty days in jail or a monetary restitution for there crime. For many of the crimes that end up in circuit court are felony and the cases in family court are just that cases dealing with the family.
The two primary trial courts in the state are the circuit courts and family courts. Circuit courts are considered trial courts, which means they decide all cases except those for which exclusive jurisdiction is reserved to courts of limited or special jurisdiction. Therefore the minimum value of cases circuit courts will hear are cases that exceed $7,500 or $1,000 with 30 days in jail. People that are charged of a felony or high misdemeanor will appear before a circuit court judge. If a case is criminal it will go to General Session court, but if the case is civil it will go to Common Pleas. Family Courts are the forum for cases pertaining to marriage, divorce, separation, custody, visitation, ect. Also, these courts have jurisdiction over juveniles who are charged with crimes. Family Court judges are elected by the General Assembly to six term years. Family courts have a caseload of about 100,000 filings per year. Probate judges are popularly elected within each county of the state to four year terms. Probate court hears cases involving wills, estates, and trusts. Magistrate Courts have a very limited jurisdiction. Its jurisdiction covers criminal offenses that are very minor. Municipal courts have no civil jurisdiction because it only hears violations of state statutes and municipal ordinances.
Julie Kate Keeney
There are two primary trial courts in the state. They are the circuit courts and family courts. Circuit courts are more of a court that decides the cases that doesn’t filter into a special jurisdiction like the family court does. The circuit court handles court cases that are being charged with a felony or misdemeanor and as far as family court system they will see cases that deals with marriage, divorce, custody, termination of parental rights, and name changes just to name a few. Circuit court is broken down in two divisions. We have the criminal side and the civil side. The criminal divisions of the court are known as the courts of General Session and as for the civil component of the courts it is referred to as Common pleas.
Each judge gets elected by someone. Like a family court judge would get elected by the General Assembly and a Magistrate would get elected by the Senator in that area. The difference with a Probate judge is that they would get elected by the popularly vote in the county. We see that our judges have boundaries in what they are specialized in. Family court judges would just hear special cases like I mention earlier as like a Probate judges that would just hear cases what deals with estates and wills just to name a few. Where as a Magistrate and Municipal judge would just listen to limited cases are smaller that would protean to there area.
Randy Lucas
Sarah gave the most complete answer, including the important Court of Appeals, which was added to take some of the heavy caseload from the Supreme Court (one can appeal the the Supreme Court from the Court of Appeals, but usually this decision is final). The only thing I would add to Sarah's fine answer is that the Court of Appeals usually meets in 3 judge panels so that they can cover more cases (only on the most important cases do all 9 meet to hear the appeal).
The other answers were certainly adequate, though I would encourage Warren to proof read his answer and give more detail! He also posted one answer that should have been posted with another question (which I edited out).
Bob B
Post a Comment