Cecily Zamora
Superior courts are the highest courts in some jurisdictions, while in others, they are lower courts. In the United States, superior courts are state trial courts with the power to hear and decide any civil or criminal action that is not designated to be heard in another court. In California, for example, there are 58 superior courts, one in each county, and they hear cases such as appeals of family law, probate, juvenile, felony, and civil cases. In Pennsylvania, the Superior Court is an appellate court that hears appeals of criminal cases and private civil cases. In Canada, superior courts of original jurisdiction are courts of general jurisdiction, and their jurisdiction includes civil lawsuits involving contracts, torts, property, and family law. In South Africa, the superior courts are the High Courts, the Supreme Court of Appeal, and the Constitutional Court.
| Characteristics | Values |
|---|---|
| Location | North Carolina, Pennsylvania, New Jersey, Maine, California, Connecticut, Washington, Georgia, Illinois, Michigan, Oregon, Hawaii, Louisiana, Texas, Utah, New York, South Africa |
| Court Type | Trial court, appellate court, court of original jurisdiction, court of general jurisdiction |
| Cases Heard | Civil, criminal, felony, civil appeals, infraction, misdemeanor, corporate and commercial law, judicial review, administrative decisions, family law, probate, juvenile, disciplinary |
| Judge Selection | Elected by voters of the county, appointed by the governor |
| Judge Requirements | Attorney admitted to practice law in the state, served as a judge of a court of record in the state for at least 10 years |
| Judge Term | 6 years |
| Jury | Present in some cases, decided by the judge or requested by a party to the case |
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What You'll Learn
Civil and criminal cases
Civil cases refer to disputes between individuals, businesses, or agencies. These can include housing cases, such as evictions or foreclosures, family law disputes, consumer issues like debt or bankruptcy, and personal harm or property damage cases. Civil cases generally result in monetary damages or injunctions, and the standard of proof is the "preponderance of evidence", meaning there is a more than 50% chance that one party is at fault.
Criminal cases, on the other hand, involve offences against the state or society as a whole, even if an individual is directly harmed. These cases are prosecuted by the state and can result in jail time, fines, or both. The burden of proof in criminal cases is much higher, requiring proof of guilt "beyond a reasonable doubt". Criminal defendants also have constitutionally guaranteed rights, such as the right to an attorney, protection against self-incrimination, and the right to compel witnesses.
Superior courts in various jurisdictions, including North Carolina, Pennsylvania, New Jersey, Maine, South Africa, and several states in the US, hear both civil and criminal cases. In North Carolina, for example, superior courts hear civil cases over $25,000 and felony criminal cases. In Pennsylvania, the Superior Court is an appellate court that hears appeals of criminal and private civil cases. The Superior Court of South Africa, which includes the High Court, the Supreme Court of Appeal, and the Constitutional Court, can also hear both civil and criminal matters.
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Corporate and commercial law
Superior courts are generally the highest courts of original jurisdiction in a particular area, with the power to hear and decide on any civil or criminal matters that are not designated to other courts. In the US, superior courts are found at the state level, with equivalent courts in some states called courts of common pleas, circuit courts, district courts, or, in the case of New York, the Supreme Court.
In the context of corporate and commercial law, superior courts typically handle complex and significant issues. For example, in North Carolina, the North Carolina Business Court, a specialised forum of the superior court, operates in four locations to handle such cases. The Chief Justice of the Supreme Court of North Carolina assigns these cases to a special superior court judge who oversees the resolution of all matters in the case through trial.
In other states, such as Pennsylvania, there have been efforts to encourage the creation of specialised business or commercial courts within the superior court system. The Texas Supreme Court also recently upheld the constitutionality of a law creating a specialised appellate-level business court, the first of its kind in the United States.
Superior courts in other states, such as Connecticut, Minnesota, and Oregon, have also demonstrated a focus on commercial law. For instance, the San Francisco Superior Court has a complex civil litigation program that deals with business litigation. Additionally, the National Center for State Courts has studied and developed programs for business courts, including the Superior Court of Arizona in Maricopa County.
Outside of the US, the Commercial Court in the UK specialises in determining a wide range of significant commercial disputes, many of which have an international element. It also supports arbitrations based in England and Wales.
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Criminal prosecutions
Superior courts have jurisdiction over criminal prosecutions for indictable offences under the Criminal Code. They hear criminal cases, including felony cases, misdemeanours, and traffic violations. In California, the Superior Court has criminal jurisdiction over all misdemeanours, preliminary felony hearings, and felony trials. The Court conducts arraignments where accused individuals are informed of the charges against them and advised of their rights. In Pennsylvania, the Superior Court hears appeals of criminal cases and private civil cases from the courts of common pleas.
In North Carolina, superior courts hear civil and criminal cases, including felony cases and civil cases over $25,000. In South Africa, the High Courts, the Supreme Court of Appeal, and the Constitutional Court are all considered superior courts. The High Courts have jurisdiction over all cases except those granted exclusively to another court and hear appeals from lower courts. The Supreme Court of Appeal hears appeals from the High Courts, and the Constitutional Court hears appeals on constitutional matters.
In Maine, the Superior Court is both a trial court and an appellate court, hearing appeals from the Maine District Court. In the District of Columbia, the Superior Court has a Criminal Division that handles criminal matters, including arrests, arraignments, and traffic violations. In some jurisdictions, such as California, Connecticut, and Washington, the Superior Court is a state trial court with the power to hear and decide any civil or criminal action not designated to another court.
Private prosecutions, where private citizens or organisations initiate criminal cases, are also possible in some jurisdictions. For example, in Pennsylvania, private prosecutions require approval from a state prosecutor, and in Rhode Island, private citizens can file criminal complaints for misdemeanours. In Australia, private prosecutions for contempt of court can be brought in the Federal Circuit Court or the Supreme Court of a state or territory. Other jurisdictions that allow private prosecutions include France, where it is called "citation directe", and Belize.
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Civil appeals
In the US, superior courts are state trial courts that can hear and decide on any civil or criminal action that is not designated to be heard in another court. They are present in several states, including California, Connecticut, Washington, Maine, Georgia, Pennsylvania, Illinois, Michigan, and Oregon.
In California, the Superior Court hears civil appeals from limited civil cases, such as landlord-tenant disputes, misdemeanours, traffic infractions, and small claims. These cases are heard by the Appellate Division. Unlimited civil appeals are also heard, which include family law, probate, guardianship, and juvenile cases.
In North Carolina, superior courts hear civil cases over $25,000, and civil appeals are generally decided by a judge without a jury, unless one is requested by a party to the case.
In Pennsylvania, the Superior Court hears appeals of private civil cases from the courts of common pleas.
In Canada, the superior courts of appeal hear civil appeals from decisions of the provincial and territorial inferior courts.
In South Africa, the superior courts include the High Courts, which hear appeals from the magistrates' courts or other lower courts.
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Administrative decisions
Superior courts are the oldest courts in North Carolina, dating back to 1777. They hear civil and criminal cases, including felony cases and civil cases over $25,000. The superior courts are divided into five divisions and 48 districts across the state, with judges rotating among districts within their divisions every six months to minimise conflicts of interest.
In some jurisdictions in the United States, superior courts are state trial courts of general jurisdiction, with the power to hear and decide any civil or criminal action not designated to be heard in other courts. These include California, Connecticut, Washington, Maine, the District of Columbia, and Georgia. In other states, equivalent courts are known by different names, such as courts of common pleas or circuit courts.
In Massachusetts, individuals can appeal administrative agency decisions in the Superior Court. The process involves filing a Complaint for Judicial Review of Administrative Decision and a Civil Action Cover Sheet, along with paying a filing fee. The appeal must be submitted within 30 days of receiving the agency's final decision, and it is crucial that the clerk receives the appeal before the deadline. If new evidence is presented, a Motion to Supplement the Record must be filed and granted before the Superior Court can consider it.
In Maricopa County, Arizona, the Superior Court Rules of Appellate Procedure – Criminal apply to appeals in criminal cases originating in justice or municipal courts. The Rules of Procedure for Judicial Review of Administrative Decisions (JRAD) are relevant for appeals from final administrative decisions. The court will generally not consider new evidence in these cases and will base its decision on the arguments presented in the appellate memoranda.
In New South Wales, applications for judicial review of administrative decisions can be made based on statutory appeals or proceedings under Section 69 of the Supreme Court Act 1970 (NSW). Statutory appeals require the identification of a "question of law", while Section 69 challenges are based on errors of law or jurisdictional errors. The court's jurisdiction in these cases focuses on the legality rather than the merits of the decision.
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Frequently asked questions
Superior courts are trial courts that hear civil and criminal cases. They are also known as courts of first instance with general jurisdiction.
Superior courts hear civil and criminal cases, including felony cases, civil cases over a certain amount, and cases involving contracts, torts, property, and family law. They also hear appeals from lower courts.
There are several types of superior courts, including the High Court, the Supreme Court of Appeal, and the Constitutional Court. In some states, equivalent courts are known by different names, such as courts of common pleas or district courts.
