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93-676: The Supreme Court of Pennsylvania is the state supreme court and court of last resort. The intermediate appellate courts in Pennsylvania are the Commonwealth Court of Pennsylvania (for matters involving state agencies) and the Superior Court of Pennsylvania (for all other appeals ). The Supreme Court of Pennsylvania is the state supreme court and court of last resort. The Pennsylvania Supreme Court consists of seven justices. The Superior Court of Pennsylvania

186-633: A Pennsylvania High Court of Errors and Appeals existed, which was the court of last resort in Pennsylvania. After that court's dissolution in 1808, the Commonwealth's Supreme Court became, and remains, the court of last resort in the Pennsylvania judiciary. The Supreme Court of Pennsylvania predates the United States Supreme Court by more than 100 years. Interpreting the Pennsylvania Constitution , it

279-440: A lawyer . Rules are relaxed but still apply to some degree. In some jurisdictions, corporations must still be represented by a lawyer in small-claims court. Expensive court procedures such as interrogatories and depositions are usually not allowed in small-claims court, and practically all matters filed in small-claims court are set for trial . Under some court rules, should the defendant not show up at trial and not have requested

372-580: A Special Civil Court, as well as small claims involving landlords and some claims set by Article 275, II, of the Code of Civil Procedure. Special Criminal Courts, on the other hand, may process claims involving small criminal offences, which, under Article 60 of Law No. 9,099/1995 are those either set by the Contraventions Law (Decree No. 3,688/1941) or those where the penalty does not surpass 02 (two years). As per Article 54, there are no court fees for

465-673: 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 Pittsburgh Municipal Court is an administrative judicial unit with the 5th Judicial District staffed by Allegheny County magisterial district judges, and has been assigned all matters within the jurisdiction of the Pittsburgh Magistrates Court, which has been established by statute. Philadelphia County has Philadelphia Municipal Court instead of magisterial district courts. These courts hear similar matters to

558-555: A county or magistrate 's court. These courts can be found in Australia , Brazil , Canada , England and Wales , Hong Kong , Ireland , Israel , Greece , New Zealand , Philippines , Scotland , Singapore , South Africa , Nigeria and the United States . The jurisdiction of small-claims courts typically encompasses private disputes that do not involve large amounts of money. The routine collection of small debts forms

651-415: A court to allow people to represent themselves without legal counsel. In New York State , small claims courts were established in response to the 1958 findings of Governor Thomas E. Dewey 's Tweed Commission on the reorganization of the state judiciary. Since then, the movement towards small-claims courts has led to their establishment in most U.S. states. There is no equivalent to a small-claims court in

744-651: A decision at a later date). If the Court of First Instance refuses to grant leave to appeal, its decision is final and not susceptible to further appeal. The ex parte leave to appeal procedure means that the successful party in the Small Claims Tribunal only has to spend time and incur costs in resisting an appeal if the other party has been able to persuade the High Court Judge that he/she has an arguable ground of appeal. However, in some cases,

837-489: A discretion not to order that the unsuccessful respondent pay the costs incurred by the successful appellant in bringing the appeal if it would cause 'undue hardship' to the unsuccessful respondent and if the respondent had not put forward a claim or a defence in bad faith and had not misbehaved in conducting the proceedings in the Small Claims Tribunal. In principle, if the appeal is allowed, the Court of First Instance will remit

930-531: A fee of HK$ 61 within 7 working days of the Small Claim Tribunal's decision/order by showing that it involves a point of law that is arguable or exceeded the Tribunal's jurisdiction. When applying for leave to appeal, a party may be legally represented in the Court of First Instance . The leave to appeal application will be heard before a High Court Judge at an ex parte oral hearing, which

1023-445: A large portion of the cases brought to small-claims courts, as well as evictions and other disputes between landlords and tenants , unless the jurisdiction is already covered by a tenancy board. A small-claims court generally has a maximum monetary limit to the amount of judgments it can award, often in the thousands of dollars/pounds. By suing in a small-claims court, the plaintiff typically waives any right to claim more than

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1116-547: A majority of no votes in the election of 2005. He was replaced by Justice Cynthia Baldwin , who was appointed by Governor Rendell in 2005. Only one Supreme Court Justice, Rolf Larsen , has been removed from office by impeachment . In 1994, the State House of Representatives handed down articles of impeachment consisting of seven counts of misconduct. A majority of the State Senate voted against Larsen in five of

1209-423: A party who loses in a small-claims court is entitled to a trial de novo in a court of more general jurisdiction and with more formal procedures. The rules of civil procedure , and sometimes of evidence , are typically altered and simplified to make the procedures economical. A usual guiding principle in these courts is that individuals ought to be able to conduct their own cases and represent themselves without

1302-549: A person must: a) be an advocate of the High Court of Kenya with three years of legal experience, or b) be trained as a paralegal at the Kenya School of Law. The court deals with civil cases provided for under section 12 which arise from: a) a contract for sale and supply of goods or services; (b) a contract relating to money held and received; (c) liability in tort in respect of loss or damage caused to any property or for

1395-474: A postponement, a default judgment may be entered in favour of the plaintiff. Trial by jury is seldom or never conducted in small-claims courts; it is typically excluded by the statute establishing the court. Similarly, equitable remedies such as injunctions , including protective orders, are seldom available from small-claims courts. Separate family courts may exist to hear simple cases in family law . For reasons having more to do with history than with

1488-533: A procedure for the speedy and inexpensive resolution of small claims. Situated at the West Kowloon Law Courts Building , the Small Claims Tribunal deals with monetary claims not exceeding HK$ 75,000. It has exclusive jurisdiction to deal with such claims. The Small Claims Tribunal does not have jurisdiction to deal with labour disputes, possession of land, alimony maintenance, libel/defamation claims and claims made by money lenders. As

1581-652: A separate small claims court. They are usually dealt with in the County Court after being allocated to the small claims track of the County Court system. Small claims take place under a modified set of rules. Low-value cases, including most non-personal-injury cases up to £10,000, are usually assigned to the small claims track, producing a small claims action in the County Court. These cases are heard by district judges under an informal procedure. An important difference between small claims and other civil claims

1674-476: A similar law in Minnesota was struck down as unconstitutional ( Republican Party of Minnesota v. White ), the Pennsylvania rules were amended, and judicial candidates may now express political viewpoints as long as they do not "commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court." (PA Code of Judicial Conduct, Canon 7 (B)(1)(c)) After

1767-801: A small claims matter, either the defendant or the claimant must be residing or doing business within the judicial division of the court. Similar to the UK, small-claims can be handled in Singapore through State Courts of Singapore . The rules and procedures differ for the different countries of the United Kingdom. While Britain was a member of the European Union, the European Small Claims Procedure for cross-border claims also applied. England and Wales does not have

1860-751: A specialized business court docket, the Commerce Case Management Program , first established in 1999 by administrative order of Judge John W. Herron , as does the Fifth Judicial District in Allegheny County (Pittsburgh), the Commerce and Complex Litigation Center, originally led by Judges R. Stanton Wettick Jr. and Christine Ward. Pennsylvania statutory law also encourages the creation of commerce court programs in other judicial districts, as well as on

1953-635: A state's judiciary structure. The Small Claim Courts that belong to a State's Judiciary are subdivided into two types of courts: the Special Civil Court ( Juizado Especial Cível , shortened as JEC) and the Special Criminal Court ( Juizado Especial Criminal , shortened as Jecrim). Under Article Three of Law No. 9,099/1995, Civil Claims involving an amount up to 40 (forty) monthly minimal wages or R$ 24,880.00 (October 2012), which correspond to roughly US$ 12,440.00, may be filed before

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2046-620: A subordinate court as per Article 169(1) (d) of the Constitution of Kenya, 2010 and its geographical jurisdiction covers sub-counties or any other units of decentralization under the Constitution. Each Small Claims Court is presided over by an adjudicator appointed by the Judicial Service Commission. The Chief Justice can also designate any qualified person to act in as an adjudicator (section 6(1) and (2). To qualify under section 8 for appointment to be an adjudicator,

2139-477: A superior court and cannot be determined in small-claims courts. A European Small Claims Procedure for cross-border claims under the Brussels regime as an alternative to national procedures was established on 1 January 2009, processing claims with values up to 2,000 EUR , increased to 5,000€ on 14 July 2017 and current as of 2021 The Small Claims Tribunal ( Chinese : 小額錢債審裁處) was established to provide

2232-591: A third branch of government starting with the 1701 Judiciary Bill. In 1722, the appointed British governor needed the House to raise revenues. House leaders agreed to raise taxes in return for an independent Supreme Court. Until 1776, legislation and judicial decisions in Pennsylvania, as in various American colonies, were subject to review by the Privy Council of the United Kingdom in London. Between 1780 and 1808,

2325-403: A trial date. A party may apply to the Tribunal for adjournment of a hearing date. However, as the aim of the Small Claims Tribunal is to handle and dispose of disputes within a reasonable time, the Tribunal will generally only allow an application for adjournment if it is supported by a good reason and if it is a short adjournment. The Tribunal is expected to manage cases actively. Hearings in

2418-421: Is a lawyer, that employee is allowed to represent the corporation in the proceedings in the Small Claims Tribunal. A party may also apply to the Small Claims Tribunal for leave for another person (who is not a lawyer) to act as their representative in conducting the case. The claimant bears the burden of proof and has the primary responsibility to prepare and produce evidence in support of their case. However,

2511-410: Is a level playing field for all parties. However, a party is permitted to consult a lawyer for advice, including a lawyer who is present in the courtroom during the hearing as an observer, as long as the lawyer does not effectively conduct the case by giving directions to the party on steps to take during the hearing and questions to ask the witnesses. If a party is a corporation and one of its employees

2604-458: Is attended only by the party applying for leave to appeal and not the other party/parties. Instead of an oral hearing, regardless of whether the applicant is legally represented or acting in person, the High Court Judge may direct that the ex parte application for leave to appeal be determined by way of paper disposal (in which case, the applicant files written submissions and the Judge hands down

2697-484: Is available for larger, but still simple, claims. The small claims process allows certain types of claims not exceeding £3,000 to be decided informally by the County Court. In Scotland small claims are handled by a process called simple procedure, subject to a limit of £5,000. The movement to establish small-claims courts typically began in the early 1960s, when justice of the peace courts were increasingly seen as obsolete, and officials felt it desirable to have such

2790-588: Is created by statute, has not been disestablished by the statute. Supreme Court of Pennsylvania The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania 's Unified Judicial System . It also claims to be the oldest appellate court in the United States , a claim that is disputed by the Massachusetts Supreme Judicial Court . The Supreme Court of Pennsylvania began in 1684 as

2883-471: Is eligible to be appointed as an Adjudicator or Deputy Adjudicator. In practice, a number of Permanent Magistrates are assigned to sit as Adjudicators in the Small Claims Tribunal. The fee to file a claim in the Small Claims Tribunal varies between HK$ 20 and HK$ 120 depending on the amount claimed. When a claim is filed at the Tribunal Registry, the claimant will be given Form 3 which states

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2976-527: Is not an appeal in a traditional sense (meaning a party contests the legality of a specific action or entry of evidence), rather the party formally seeks a trial de novo (new trial). In this scheme the findings of the lower court are vacated in the entirety and a new trial is held by a Court of Common Pleas. By orders dated November 29, 2004 and February 25, 2005, the Pennsylvania Supreme Court created an administrative judicial unit with

3069-411: Is not bound to allow the appeal merely because there was a misdirection or improper admission or rejection of evidence by the Small Claims Tribunal, unless the Court is of the view that substantial wrong or miscarriage was thereby occasioned. If the appeal is allowed, and if the appellant is legally represented while the respondent acts in person as he/she cannot afford legal representation, the Court has

3162-669: Is one of two Pennsylvania intermediate appellate courts. Appeal to the Superior Court is generally of right from final decisions of the courts of common pleas. Although different panels of three judges may sit to hear appeals, there is only one Superior Court (that is, Pennsylvania is not divided into appellate territories). The court is based in Harrisburg, Pennsylvania and sits to hear cases in Harrisburg, Pittsburgh, and Philadelphia. The Commonwealth Court of Pennsylvania

3255-400: Is one of two Pennsylvania intermediate appellate courts. The jurisdiction of the nine-judge Commonwealth Court is limited to appeals from final orders of certain state agencies and certain designated cases from the courts of common pleas involving public sector legal questions and government regulation. The Commonwealth Court also functions as a trial court in some civil actions by or against

3348-517: Is required to give adequate reasons for the review decision. Regardless of whether the Adjudicator has conducted a review of the decision/order, a party may appeal to the Court of First Instance of the High Court against a decision/order of the Small Claims Tribunal. However, it is necessary first to apply for leave to appeal from the Court of First Instance by filing Form 9 and paying

3441-454: Is that the parties are usually unable to recover their legal costs, regardless of who wins or loses. For this reason, most individuals and businesses involved in small claims deal with them without legal representation . The winning party will, however, generally be able to recover the following costs, fee and expenses from the losing party: The separate small claims procedure was first introduced for claims up to £75 in 1973. This flowed from

3534-886: The Atlantic Reporter ) is an unofficial reporter. There is no official reporting of decisions of trial courts, but county court (courts of common pleas) opinions are selectively published in the Pennsylvania District and County Reports . Many counties also publish their own reporters which contain select trial court opinions for that county. Estate and trusts trial cases are published in the Fiduciary Reporter , and local government cases (both trial and appellate) are published in Chrostwaite's Pennsylvania Municipal Law Reporter . The Administrative Office of Pennsylvania Courts also posts opinions from

3627-584: The Chief Executive on the recommendation of the independent Judicial Officers Recommendation Commission (JORC). Cases may also be heard by Deputy Adjudicators ( Chinese : 暫委審裁官) appointed on a temporary basis by the Chief Justice . A person who has practised for at least 5 years as a barrister , advocate , solicitor or judicial officer in Hong Kong or another common law jurisdiction

3720-659: The District Court when operating under its Small Claims Procedure court rules . The Courts of Conscience of boroughs in the Republic of Ireland were superseded under the Courts of Justice Act, 1924 by the District Court, which operates throughout the state. Small claims cases were processed in the same manner as other summary judgments of the District Court until 1991, when a separate "small claims procedure"

3813-500: The Superior Court of California, Santa Clara provides guidelines for resolving disputes out of court. Both parties can agree on arbitration by a third party to settle their dispute outside of court . The Mayor's and City of London Court is the successor to the several medieval courts in the City of London , one being the Court of Conscience for recovery of small debts. This was a type of equity court . A similar Court of Conscience

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3906-561: The federal court . (Note that Congress has set the jurisdictional minimum for diversity jurisdiction cases at greater than $ 75,000). Magistrate judges are authorized to handle certain preliminary matters. Since the year 2010, the costs of filing fees have increased in almost every state court system. Filing fees typically range from US$ 15 to $ 150, depending on the claim amount. The alternative to small claims court include less expensive, faster online dispute resolution and settlement services, where potential litigants settle their disputes at

3999-494: The 5th Judicial District referred to as the Pittsburgh Municipal Court and assigned all matters within the jurisdiction of the Pittsburgh Magistrates Court to it. As a result of these orders, the Pittsburgh Magistrates Court is no longer staffed while the Pittsburgh Municipal Court is staffed by Allegheny County magisterial district judges assigned on a rotating basis. The Pittsburgh Magistrates Court, which

4092-406: The Adjudicator is under a statutory obligation to inquire into any matter considered relevant to a claim, whether or not it has been raised by a party. The Adjudicator may therefore invite the parties to comment on matters or direct them to produce evidence or documents relating to matters considered to be important. As the Adjudicator has an 'active inquisitorial role', the adjudicator should direct

4185-436: The Adjudicator should not solely rely on the failure to call that witness to disbelieve a party's case. The Adjudicator may put questions to the parties and witnesses, and invite the parties to make submissions. However, the duty to inquire does not mean that the Adjudicator should take over the role of an adviser or advocate for a party, as the Adjudicator must remain neutral and impartial. Rules of evidence do not apply in

4278-489: The Commonwealth Court, $ 239,059; President Judge of the Commonwealth Court, $ 246,428; Judge of the Court of Common Pleas, $ 219,933; President Judge and/or Administrative Judge of the Court of Common Pleas, varying based on where the court is located, ranges from $ 220,892 to $ 223,618; Judge of the Superior Court, $ 239,059; President Judge of the Superior Court, $ 246,428; Magisterial District Judge, $ 109,973; Judge of

4371-611: The Commonwealth government and cases regarding statewide elections. The Pennsylvania courts of common pleas are the state trial courts of general jurisdiction . There are 60 judicial districts, 53 of which comprise only one of Pennsylvania's 67 counties , and seven comprising two counties. Each district has from one to 93 judges. 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

4464-415: The High Court Judge may direct that the leave to appeal hearing take place inter partes (in the presence of all the parties, not just the applicant). If leave to appeal is granted, the appellant should file a Notice of Originating Motion and pay a fee of HK$ 1,045. All the parties (who may be legally represented) will then attend the appeal hearing before a High Court Judge. The Court of First Instance

4557-663: The Lagos State Small Claims Court. Five Courts were designated as Small Claims Courts and are located in Gwammaja, Gyadi-Gyadi, Nomansland and Dawakin Tofa. The small claims courts are presided over by magistrates who hear and determine cases on debt claims not exceeding five million Naira. It encompasses the routine collection of small debts, evictions and other disputes between landlords and tenants, as well as breach of contracts and simple torts. To institute

4650-509: The Philadelphia Municipal Court, $ 214,844; President Judge of the Philadelphia Municipal Court, $ 218,163; and Senior Judges, $ 683 per day. 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,

4743-487: The Provincial Court, and casual references to it as the "Supreme Court" of Pennsylvania were made official in 1722 upon its reorganization as an entity separate from the control of the colonial governor . The Supreme Court of Pennsylvania maintains a discretionary docket , meaning that the Court may choose which cases it accepts, with the exception of mandatory death penalty appeals, and certain appeals from

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4836-525: The Small Claim Courts. However, if an appeal is filed, court fees shall be applied. All provinces have procedures for small claims in Canada. In general, there are two different models. In most provinces, including British Columbia, Alberta, and New Brunswick, small-claims courts operate independently of the superior courts. In other jurisdictions, the small-claims court is a branch or division of

4929-410: The Small Claims Tribunal are conducted in an informal manner. Parties act in person and are not permitted to be legally represented . The rationale is that small claims should be resolved without incurring substantial expenses in retaining legal services and also that an unrepresented litigant should not fear the imbalance of power caused by a lawyer representing the other side. This ensures that there

5022-486: The Small Claims Tribunal does not have the power to grant injunctive relief , if a claimant seeks such relief, the case will be transferred to the District Court . The Chief Magistrate (currently Victor So Wai-tak) is the Court Leader of the Small Claims Tribunal and is responsible for the administration of the Tribunal. Cases in the Small Claims Tribunal are heard by Adjudicators ( Chinese : 審裁官) appointed by

5115-427: The Small Claims Tribunal, which may receive any evidence that it considers to be relevant. The Small Claims Tribunal will decide how to receive evidence based on considerations of proportionality, costs and common sense. A party may request discovery of documents from the other party if such documents exist, are/were in that party's possession, are relevant to the dispute and are necessary to obtain to deal fairly with

5208-740: The Supreme Court (from November 1996), Superior Court (from December 1997), and Commonwealth Court (from January 1997) on its website. Superior Court opinions were published in the Pennsylvania Superior Court Reports from 1895–1997, and Commonwealth Court opinions were published in the Pennsylvania Commonwealth Court Reports from 1970–1995. The Pennsylvania Supreme Court justices are elected to ten year terms. Supreme Court judicial candidates may run on party tickets. After

5301-399: The candidate with respect to cases, controversies or issues that are likely to come before the court." Justices and all other judges must step down from the bench at the end of the year in which they turn 75, although they may continue to serve part-time as "senior justices" on panels of the Commonwealth's lower appellate courts until they reach 78, the age of mandatory retirement. Judges of

5394-414: The case back to the Small Claims Tribunal for a re-trial if it is necessary to make new/further factual findings, even if the amount claimed is small. However, the Court of First Instance may decline to order a re-trial even if it considers that the Small Claims Tribunal made an error of law if it would be disproportionate bearing in mind the amount claimed. The "small claims court" is an informal name for

5487-403: The case until another date for a mention hearing. At the mention hearing, the Adjudicator will check if the parties have complied with the previous directions and may also give further directions in preparation for trial. The Adjudicator may also actively explore with parties if they are willing to settle. If a settlement cannot be reached and the case is ready for trial, the Adjudicator will fix

5580-410: The court can award. The plaintiff may or may not be allowed to reduce a claim to fit the requirements of this venue. 'Court shopping'—where a plaintiff reduces the damage claim amount to have a trial in a court that otherwise does not have jurisdiction—is strictly forbidden in some states . For example, if a plaintiff asserts damages of $ 30,000 in hopes of winning an award of $ 25,000 in small-claims court,

5673-422: The court dismisses the case because the court does not have jurisdiction to hear cases in which asserted damages exceed the court's maximum amount. Thus, even if the plaintiff is willing to accept less than the full amount, the case cannot be brought to small-claims court. To bring the case to small-claims court, the plaintiff must prove that actual damages are within the court's jurisdiction. In some jurisdictions,

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5766-684: The courts coincided with the PEBEC and world bank motive to improve the ease of doing business in Nigeria through seamless debt recovery court procedure. At the establishment ceremony, 15 magistrates courts across the five magisterial districts of Lagos were designated as small claims court. The five magisterial districts include Lagos Island, Ikeja, Yaba, Badagry and Ikorodu. The Kano State Judiciary followed in Lagos' steps and established its Small Claims Court on 24 January 2019 having similar jurisdiction as

5859-454: The courts of common pleas are elected to 10-year terms. Philadelphia Municipal Court judges must be lawyers. Judges of the Courts of Common Pleas may serve as part-time senior judges upon retirement. The compensation of senior judges is $ 545 per day. As of January 1, 2024, judicial annual salaries are: Justice of the Supreme Court, $ 253,361; Chief Justice of the Supreme Court, $ 260,734; Judge of

5952-627: The courts of common pleas. In some counties, such as Chester County , magisterial district courts may issue emergency protection from abuse orders when the Family Court Administration offices of the courts of common pleas are closed. Magisterial district courts divide up their jurisdiction by geographical location. Most such districts include several municipalities . Larger cities and municipalities may be divided. Magisterial district judges do not have to be lawyers ; however, those who are not lawyers are required to complete

6045-537: The date of the call-over hearing (which must take place no later than 60 days after the claim is filed). At the call-over hearing, the Tribunal Officer will interview both parties, identify the issues in dispute and explore if a settlement can be reached. If the dispute cannot be settled, the Tribunal Officer will give directions for the filing of further documents (defence, counterclaim, reply, witness statements, other supporting documents etc.) and will adjourn

6138-424: The decision/order, the Adjudicator may re-open and re-hear the claim wholly or in part, may call or hear fresh evidence, and may accordingly confirm, vary or reverse the decision/order. Parties wishing to adduce new evidence at the review stage are required to give cogent reasons explaining why such evidence had not been adduced at trial and show that such evidence is material/relevant to the dispute. The Adjudicator

6231-464: The delivery or recovery of movable property; (d) compensation for personal injuries; and (e) set-off and counterclaim under any contract. Though the court’s pecuniary jurisdiction is limited to KES 1,000,000 (approximately US$ 10,000), Section 12(4) gives the Chief Justice the power to review that limit to any amount he thinks fit via a Gazette notice. Small Claims court in Nigeria is similar to

6324-403: The dispute between the parties. The Small Claims Tribunal can receive hearsay evidence, but it should consider why the witness concerned is not called to give oral evidence and whether the hearsay evidence is credible. The Small Claims Tribunal has a discretion to award to the successful party any reasonable expenses necessarily incurred by and any loss of salary or wages suffered in attending

6417-467: The disputed amount does not exceed 5,000 euro (as of September 2018), except for the matters over which another court or tribunal has exclusive jurisdiction . In addition, the justices of the peace have original jurisdiction over a number of matters irrespective of the disputed amount, such as cases involving the renting or leasing of real estate , evictions , easement , land consolidation , consumer credit or unpaid utility bills . The justices of

6510-463: The hearings. The costs order is not meant to be punitive. The Adjudicator will give the decision orally or in writing at the end of the trial or as soon as possible thereafter. If the decision is delivered orally, the Adjudicator is required to reduce it to writing within 14 days. When reducing the oral decision in writing, the Adjudicator may expand on the oral decision by giving fuller written reasons for judgment as long as they are consistent with

6603-487: The higher courts. Small-claims court procedure is regulated both by provincial legislation and rules in most provinces. The small-claims procedure is simplified with no strict pleadings requirements and no formal discovery process, and parties' costs may be limited. Monetary limits for small-claims courts in Canada vary by province: In general, disputes involving title to land, slander , libel , bankruptcy , false imprisonment , or malicious prosecution must be handled in

6696-587: The intermediate appellate level. The commonwealth consists of 67 counties . 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 $ 12,000), summary offenses , violations of municipal ordinances , and preliminary hearings and arraignments in greater misdemeanor and felony offenses pursuant to Pennsylvania's Rules of Criminal Procedure which go on to be tried in

6789-517: The longest continuous service on the court automatically becomes Chief Justice . Justices must step down from the Supreme Court when they reach the age of 75 (at the end of the calendar year), but they may continue to serve part-time as "senior justices" on panels of the Commonwealth's lower appellate courts until they reach 78, the age of mandatory retirement. Prior to 2002, judicial candidates in Pennsylvania were prohibited from expressing their views on disputed legal or political issues. However, after

6882-454: The magisterial district courts, but the jurisdictional limit is $ 12,000. The Philadelphia Municipal Court has jurisdiction over all traffic offenses , misdemeanors , and preliminary hearings for felonies . The Supreme Court justice with the longest continuous service on the court automatically becomes Chief Justice. A president judge and a court administrator serve in each of the 60 judicial districts. In districts with seven or fewer judges,

6975-408: 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. All persons have an unlimited right of appeal from the minor courts (magisterial district courts and Philadelphia Municipal Court) to the courts of common pleas. This

7068-491: The minor courts. They also hear appeals from certain state government and most local government agencies. 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 organizations . The First Judicial District , in Philadelphia, has

7161-586: The ones in the United States and England. They are specially designated courts that hear and determine debt recovery cases of a small and liquidated debt. The small claims courts were introduced in Lagos Nigeria in April 2018 by the former Chief Judge of Lagos State Justice Opeyemi Oke . It is not clear if it was a world bank initiative or as a Lagos State Judiciary reform as the time of establishing

7254-400: The original determination and factual findings. The Adjudicator is under a duty to analyse the material points in the evidence of the case and to give reasons as to why a particular conclusion or decision has been reached. The Adjudicator should explain their belief or disbelief in the evidence given by a witness. The Adjudicator should not give further written reasons to perfect or improve on

7347-426: The original jurisdiction of the Commonwealth Court . This discretion allows the Court to wield powerful influence on the formation and interpretation of Pennsylvania law. The original Pennsylvania constitutions, drafted by William Penn , established a Provincial Court under the control of his British governors. The General Assembly , however, espoused the principle of separation of powers and formally called for

7440-425: The parties to produce specific documents/evidence if such documents/evidence would have a bearing on the legal analysis of the dispute. The Adjudicator is not under a duty to summon witnesses to fill in the gaps in the evidence/case put forward by a party, but if a witness who may be important has not been called by a party and the Adjudicator has not explained to the parties the potential significance of that witness,

7533-503: The peace ( Dutch : vredegerecht , French : justice de paix , German : friedensgericht ) function as the small claims courts in the country's judicial system ; they stand at the bottom of the Belgian judicial hierarchy and only handle civil cases. There is a justice of the peace in each judicial canton of Belgium , of which there are 187 in total as of 2017. The justices of the peace have original jurisdiction over cases in which

7626-720: The peace also have original jurisdiction in certain aspects of family law , most notably legal guardianships for incapacitated seniors, and the involuntary commitment of the mentally ill to psychiatric facilities . The judgments made by the justices of the peace can, with some exceptions, be appealed to the tribunals of first instance . Small claim courts in Brazil were established by Law No. 9,099/1995 and Article One of such law states that they shall be organized by both Federal Judiciary and State Judiciary. Therefore, there are Federal Small Claim Courts (single noun Juizado Especial Federal ), as well as Small Claim Courts that are part of

7719-599: 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 official reporter for the Pennsylvania Supreme Court is the Pennsylvania State Reports since 1845. There are no official reporters for either the Superior Court or the Commonwealth Court, but the Pennsylvania Reporter (a Pennsylvania-specific version of

7812-829: The seven counts but only one charge garnered the two-thirds majority needed to convict. Under the 1874 Constitution and until the Pennsylvania state constitution of 1968, Supreme Court justices were elected to 21-year terms. At the time, it was the longest term of any elected office in the United States. The Supreme Court of Pennsylvania consists of seven members who are elected to ten-year terms as justices. 40°15′52″N 76°53′0″W  /  40.26444°N 76.88333°W  / 40.26444; -76.88333 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 go by different names in different jurisdictions. For example, it may be known as

7905-624: The sort of case typically heard by a small-claims court, most US states do not allow domestic relations disputes in small-claims court. Winning in small-claims court does not automatically ensure payment in recompense of a plaintiff's damages. This may be relatively easy, in the case of a dispute against an insured party, or extremely difficult, in the case of an uncooperative, transient, or indigent defendant. The judgment may be collected through wage garnishment and liens . Most courts encourage parties with disputes to seek alternative dispute resolution, if possible, before filing suit . For example,

7998-409: The statutory power of judges to order arbitration. The limit was raised to £1,000 in 1991, £3,000 in 1996, £5,000 in 1999 and £10,000 in 2013. The limit is only a guideline. The court may allocate a case to the small claim track where the claim is over the guideline if it is considered that the case is simple enough that it is an appropriate way of disposing of the matter. A Money Claim Online service

8091-822: The superior court. In Ontario, the Small-Claims Court is a branch of the Superior Court of Justice, and in Manitoba, the Small-Claims Court is under the jurisdiction of the Court of the King's Bench. Small-claims cases are heard by judges of the Provincial Court in British Columbia, Alberta, and Saskatchewan, by judges or deputy judges of the Superior Court of Justice in Ontario, and by Hearing Officers in Manitoba. Small-claims courts are meant to provide an easier and less expensive path to resolve disputes than

8184-528: The ten-year term expires, a statewide YES/NO vote for retention is conducted. Judges retained by the voters serve another ten-year term. If the judge is not retained, the Governor—subject to the approval of the State Senate—appoints a temporary replacement until a special election can be held. Judicial candidates may now express political viewpoints as long as they do not "commit or appear to commit

8277-519: The ten-year term expires, a statewide yes or no vote for retention is conducted. A judge who is retained serves another ten-year term. If the judge is not retained, the governor, subject to the approval of the State Senate , appoints a temporary replacement until a special election can be held. As of 2005, only one judge has failed to win retention. After the 2005 Pennsylvania General Assembly pay raise controversy , Justice Russell M. Nigro received

8370-401: The written reasons for decision which have already been given, in particular after one party has made an application to the Court of First Instance of the High Court for leave to appeal. After the Adjudicator has delivered the decision/order, a party may request within 7 days by filing Form 8C and paying a fee of HK$ 61 that the adjudicator review the decision. When conducting the review of

8463-537: Was established by charter in some ancient boroughs in Ireland ; this was emulated in others, without legal sanction until regularised by the Municipal Corporations (Ireland) Act 1840 . Small claims are handled differently by each state and territory , with most relying on tribunals while others have a minor claims division of their respective magistrates court: In Belgium , the justices of

8556-470: Was first specified. The current District Court small claims procedure rules date from 2007, with amendments down to 2009. The European Small Claims Procedure is used where one party is in another EU member state. The Kenyan Small Claims Court was established in 2016 (formally launched on 26 April 2021 at Milimani Law Courts) under section 4 of the Small Claim Act No.2 of 2016. This court is

8649-452: Was one of the first appellate courts in the United States to claim the power to declare laws made by an elected legislative body unconstitutional ( Respublica v. Duquet , 2 Yeates 493 (1799) ). The court meets in three cities: Philadelphia , Pittsburgh , and Harrisburg . The Pennsylvania Supreme Court consists of seven justices , each elected to ten year terms. Supreme Court judicial candidates may run on party tickets. The justice with

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