Courts in Delaware
The Supreme Court is the state's court of last resort. It has jurisdiction in most criminal cases for final judgments that have already been decided by lower courts. It also gives the Court discretionary jurisdiction to issue writs of prohibition, quo warranto, certiorari, mandamus and certified questions.
The Superior Court acts as both a trial and intermediate appellate court. It hears appeals from the Court of Common Pleas, the Family Court, and administrative agencies. Superior court decisions are appealed to the Supreme Court. It also has statewide jurisdiction over criminal and civil cases except equity cases, which the Court of Chancery hears and domestic cases, which the Family Court hears.
Delaware Court of Chancery deals primarily in corporate disputes.
Delaware Family Court handles domestic and custody matters.
Delaware Court of Common Pleas has jurisdiction over a limited class of civil and criminal matters.
Significantly, Delaware has one of the few remaining Courts of Chancery in the nation, which has jurisdiction over equity cases, the vast majority of which are corporate disputes, many relating to mergers and acquisitions. The Court of Chancery and the Supreme Court have developed a worldwide reputation for rendering concise opinions concerning corporate law which generally (but not always) grant broad discretion to corporate boards of directors and officers. In addition, the Delaware General Corporation Law, which forms the basis of the Courts' opinions, is widely regarded as giving great flexibility to corporations to manage their affairs. For these reasons, Delaware is considered to have the most business-friendly legal system in the United States; therefore a great number of companies are incorporated in Delaware, including 60% of the companies listed on the New York Stock Exchange.
The federal district court in Delaware is the United States District Court for the District of Delaware. Decisions of this court are appealed to the Third Circuit.
- "Division of Corporations - About Agency". Delaware Division of Corporations. Archived from the original on 2007-02-28. http://web.archive.org/web/20070228002805/http://www.state.de.us/corp/aboutagency.shtml. Retrieved on 2007-03-09. Note: replacement current URL (2008-07-23) is http://www.corp.delaware.gov/aboutagency.shtml .
Portions of this article were taken from Wikipedia under the GNU license.