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39-696: In the early 1900s, the North Carolina Superior Court grew increasingly burdened criminal cases and other local affairs. In response, the North Carolina General Assembly created over 100 separate lower courts by "special act". In 1917, the General Assembly ceased this practice and created "general law" courts—inferior to the Superior Court but higher than justice of the peace courts—in a partially-standardized manner. Thus, by

78-620: A direct right of appeal to the North Carolina Supreme Court, expanding on the longstanding practice of issuing written opinions, and refining the court's case type jurisdiction. There are a distinct set of North Carolina Business Court Rules. Among other things, this includes mandatory mediation under Rule 11, mediation being an important component of Business Court practice from its early days. Circuit court Circuit courts are court systems in several common law jurisdictions. It may refer to: The term "circuit court"

117-553: A judicial circuit can encompass one or more counties (see Missouri Circuit Courts ). Each circuit court can have several divisions, including circuit, associate, small claims , probate , family, or drug court. Each division hears cases within its particular area of subject-matter jurisdiction , and jurisdiction is based on the size or type of a civil claim or the severity or type of a criminal charge. Drug court , for example, hears only drug-related criminal cases. Several U.S. states have state supreme courts that traditionally "ride

156-603: A location other than Dublin . In the United States, circuit courts were first established in the Thirteen British Colonies . In 1789, the United States circuit courts were United States federal courts established in each federal judicial district . These circuit courts exercised both original (first instance) and appellate jurisdiction . They existed until 1912. The original jurisdiction formerly exercised by

195-556: A number of counties. The court consist of a President and thirty-seven judges. Although there is strictly speaking just one Circuit Court, a sitting of the Circuit Court in any particular location is referred to as name of town Circuit Court, e.g. Trim Circuit Court. The High Court also sits "on circuit" twice yearly, though this is called the High Court on Circuit rather than a circuit court. In this case, "on circuit" means sitting in

234-454: A senior resident judge. A clerk of Superior Court is elected in every county to keep court records. The clerk also serves as a judge of probate and is empowered to hold certain hearings, such as in cases involving adoptions, questions of guardianship for incompetent adults, and partitions of land. Senior resident judges may remove clerks from office in their district for misconduct or incapacity, and vacancies in clerk's offices are filled by

273-428: A single federal courthouse, while others, such as the large Ninth Circuit , are spread across many courthouses. Since three-judge federal appellate panels are randomly selected from all sitting circuit judges, Ninth Circuit judges must often "ride the circuit," though this duty has become much easier to carry out since the development of modern air travel . Under the original Judiciary Act of 1789 and subsequent acts,

312-494: A trial court. Under the terms of the state constitution, the court's judges were elected by the North Carolina General Assembly and served as long as they maintained good behavior. The first three judges elected were Samuel Ashe of New Hanover County , Samuel Spencer of Anson County , and future U.S. Supreme Court Justice James Iredell of Chowan County . Districts were added as the state grew. From 1799 until 1819, some Superior Court judges would sit together and serve as

351-464: Is derived from the English custom of itinerant courts whose judges periodically travelled on pre-set paths - or circuits - to hear cases from different areas. The first formal circuits were defined in 1293, when a statute was enacted which established four assize circuits. It was long assumed that these circuits originated with the eyre in common pleas during the reign of Henry II , but during

390-644: Is the trial court of general jurisdiction in the state. In criminal matters, superior courts hear all felony cases and handle appeals of misdemeanors and infractions from District Courts. In civil matters, superior courts have original jurisdiction over civil disputes with an amount in controversy exceeding $ 25,000. The Superior Court also adjudicates most appeals from state administrative agencies. The Superior Courts are divided into five divisions and further into 48 districts. As of 2022, there are 109 Superior Court judges. Judges are constitutionally required to be licensed attorneys, but are forbidden from engaging in

429-594: The Federal Circuit ). There are several other federal courts that bear the phrase "Court of Appeals" in their names, but they are not Article III courts and are not considered to sit in appellate circuits. The federal courts of appeals are intermediate courts, between the district courts (the federal trial courts ) and the Supreme Court. Smaller circuits, such as the Second Circuit and Third Circuit , are based at

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468-597: The justices of the Supreme Court of the United States in Washington, D.C. had the responsibility of "riding circuit" and personally hearing both appeals and trials in the circuit courts, in addition to their caseload back in the capital. This duty was reasonable when the United States consisted of the original Thirteen Colonies along the East Coast of the United States , but became increasingly onerous and impractical with

507-462: The 19th century. Twice each year, judges "literally rode each circuit," meaning that a pair of common law judges assigned to a circuit rode on horseback through all the county towns and several other important towns in each circuit and heard cases. On the American frontier , a judge often travelled on horseback along with a group of lawyers. Abraham Lincoln was one such attorney who regularly rode

546-567: The Business Court was given jurisdiction of certain commercial receiverships. Again by statute, the Business Court also hears certain tax related claims. The legislature first expanded the number of Business Court judges in 2005, from one to three, and there were five judges as of 2017, which remains the number (as of May 2024). In 2014, the Business Court Modernization Act became law, providing for, among other things,

585-727: The Circuit Leaders. In Ireland the Circuit Court is part of the Courts of First Instance , senior to the District Court but junior to the High Court (Ireland) . It was first established as the Circuit Court of Justice under the Courts of Justice Act 1924 and replaced the County Court on the civil side, and quarter sessions and recorder's courts on the criminal side, as well as some of

624-591: The General Court of Justice. The courts operate in 43 districts in the state. In criminal matters, they have jurisdiction over misdemeanor and infraction cases adjudicated without the presence of a jury. State law also allows them to try some low-level felony cases with the agreement of a judge and the prosecution and defense. In civil matters, the courts have original jurisdiction over civil disputes with an amount in controversy under $ 25,000, divorces , child custody disputes, and child support payments. Magistrates in

663-563: The North Carolina Bar Association convened a Committee on Improving and Expediting the Administration of Justice to draft proposals for court reform in the state. Completing its work in 1958, the committee recommended consolidating the state's courts into a unified General Court of Justice. New "District Courts" were proposed to succeed the recorder's courts and justice of the peace courts as standard local trial courts. Through

702-413: The United States circuit courts is now exercised by the United States district courts . Their appellate jurisdiction is now exercised by the United States courts of appeals , which were known as the United States circuit courts of appeals from their establishment in 1894 until 1947. The federal courts of appeals sit permanently in 13 appellate circuits (11 regional circuits as well as a DC Circuit and

741-438: The appointment of justices of trailbaston by King Edward I . Under King Edward III , two statutes were enacted in 1328 and 1330 which restored the assize circuits and reorganized the counties of England into six circuits where assizes were supposed to be held thrice yearly (but were more often held twice each year). By 1337, the six assize circuits had stabilized: During the 1500s, two major changes occurred. Middlesex

780-611: The appointment of the senior resident judge pending the next state legislative election. The clerks are also responsible for nominating local magistrates, subject to the confirmation of the senior resident judge. At the direction of the chief justice of the North Carolina Supreme Court , a special superior court judge may convene the North Carolina Business Court to oversee trials involving complex questions of corporate and commercial law. Ben F. Tennille

819-719: The basis for administration of the Bar in England and Wales except for Cheshire. Until 2007 for court administration purposes it formed part of the Wales and Chester Circuit. When in 2007 it became part of the Northern Circuit for court administrative purposes post devolution, the "Wales and Chester Circuit" continued to be the Circuit Bar. The Circuit Bars are represented on the Bar Council through

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858-487: The circuit in Illinois, along with Circuit Judge David Davis . In more settled areas, a stagecoach would be used. Eventually, the legal caseload in a county would become great enough to warrant the establishment of a local judiciary. Most of these local judicial circuits (that is, in terms of the actual routes travelled by judges) have been thus replaced by judges regularly stationed at local courthouses, but in many areas,

897-613: The circuit" in the sense of hearing oral arguments at multiple locations throughout their jurisdictions each year. Among the states with circuit-riding supreme courts are Alaska , California , Idaho , Oregon , Pennsylvania , Tennessee , and Washington . Courts serving certain areas particularly in Northern Canada , such as the Nunavut Court of Justice and courts serving northern Quebec , travel as circuit courts to hear cases in remote communities. Courts serving remote areas in

936-494: The country's rapid westward expansion during the 19th century, and was repealed by Congress with the enacting of the Judiciary Act of 1891 . The U.S. Supreme Court justices still retain vestiges of the days of riding circuit; each justice is designated to hear certain interlocutory appeals from specific circuits and can unilaterally decide them or refer them to the entire court. The court's customary summer recess originated as

975-484: The court issue criminal processes, perform marriages, hear eviction and other small claims cases, and order involuntary commitments . As of 2022, there are 282 District Court judges. District judges are popularly-elected to serve a term of four years. The chief justice of the Supreme Court appoints a chief district judge for each district. The chief judge schedules district court sessions for their district, assigns district court judges to preside in sessions, and oversees

1014-478: The governor and confirmed by the General Assembly to serve five-year terms, and may serve in a district in which they do not reside. The chief justice of the Supreme Court may also assign judges to districts in emergency situations. Judges are required by the state constitution to rotate from district to district within their division every six months in order to avoid the incidence of conflicts of interest. The administrative affairs of each district are supervised by

1053-573: The jurisdiction of the assizes . These are heard by a judge sitting alone. It also has jurisdiction to hear appeals from the District Court. Appeals from the court lie to the High Court on the civil side and the Court of Criminal Appeal on the criminal side. The Circuit Court is so-called because of the circuits on which its judges travel, namely Dublin, Cork, Northern, Western, Eastern, South Western, South Eastern, and Midland, each of which are composed of

1092-640: The late 1950s and 1960s, North Carolina's judicial system was overhauled by legislation and constitutional amendment. District Courts were phased-in beginning in December 1966 in 23 counties. An additional 60 counties were brought in under District Courts in 1968, and the remainder were phased-in in December 1970. The District Court Division, alongside the Appellate Division, and the Superior Court Division , make up North Carolina's unified court system,

1131-401: The late 1950s, legal historians such as Ralph Pugh recognized that the eyre's "connection with later circuit justices is rather collateral than lineal", and the eyre was merely one of a number of experiments in "systematized itinerant justice" undertaken by the English crown during the late 12th century and the 13th century. The development of the assize circuits was interrupted in 1305 by

1170-580: The legacy term remains in use. England and Wales is divided into six circuits for the purposes of the administration of justice: the Midland Circuit, North Eastern Circuit, Northern Circuit , South Eastern Circuit, Western Circuit, and the Wales and Chester Circuit. The system is overseen by the Lord Chancellor . The membership consists of High Court Judges, Circuit Judges, District Judges, law practitioners and academic lawyers. The Circuits also form

1209-440: The magistrates for each county in the district. North Carolina Superior Court The Superior Court is North Carolina 's general jurisdiction trial court . It was established in 1777 and is North Carolina's oldest court. The Superior Court is North Carolina's oldest court. It was established by a law passed on November 15, 1777, which created a "Superior Court" system with six districts, with its main duty to serve as

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1248-556: The mid-20th century, minor cases and those concerning domestic matters in North Carolina were handled by a variety of local tribunals, including justice of the peace courts, city and county recorder's courts , domestic relations courts, and juvenile courts . In 1957, there were 940 justices of the peace, 256 general law courts, and 70 surviving special act courts. These tribunals varied greatly in procedure, jurisdiction, jury composition, fees and compensation, and other affairs. In 1955,

1287-500: The practice of wearing robes in court at the beginning of 1958. In 1996, the North Carolina Business Court was established as a venue for Superior Court judges to try cases involving complex questions of corporate and commercial law. The Superior Court Division, alongside the Appellate Division, and the District Court Division , make up North Carolina's unified court system, the General Court of Justice. The Superior Court

1326-399: The private practice of law during their tenures. They must also be under the age of 72 years. They are popularly elected in the district in which they reside and serve a term of eight years. The governor appoints judges to fill vacancies on the bench pending the next state legislative election or until the expiration of a preceding incumbent's term. Special Superior Court judges are nominated by

1365-426: The state's appellate court . In 1806, areas of the state were grouped into six circuits , and Superiors Court judges were required to hold sessions in every county twice a year. Circuit assignments were decided by the judges themselves, who would meet every year to schedule their sessions, under the general agreement that no judge should hold court in a given circuit consecutively. In 1857, a system of regular rotation

1404-510: The time during which the justices would leave Washington and ride circuit (since dirt roads were more passable in the summer). Many U.S. states have state courts called "circuit courts." Most are trial courts of general , original jurisdiction . In Louisiana , the intermediate appellate courts are called the Louisiana Circuit Courts of Appeal . There are five separate judicial circuits. In many states, such as Missouri ,

1443-403: Was established. In 1868, North Carolina adopted a new constitution. The document elevated the Superior Court to a constitutional institution, and provided for all judges in the state to be popularly elected to serve eight-year terms. After 1868, judges held court only in their districts, but in 1878, the previous system of statewide rotating circuits was reinstated. Superior Court judges adopted

1482-602: Was removed from the Home Circuit and grouped with the adjacent City of London (which was never part of the circuits), and Oxfordshire and Berkshire were transferred from the Western Circuit to the Oxford Circuit. The Welsh county of Monmouthshire was also transferred into the Oxford Circuit. After that, the circuits of England remained largely static for almost four centuries, until they were again reorganized during

1521-635: Was the first appointed Business Court judge. It is one of the oldest and most influential business courts in the United States. Although the Supreme Court created the Business Court via amending General Rules of Practice 2.1 and 2.2, North Carolina's executive and legislative branches have been involved with the Business Court's implementation and development. The Business Court's jurisdiction includes statutorily based mandatory complex business cases and discretionary complex business cases, as well as Supreme Court rule based exceptional cases, under General Rule of Practice 2.1. As of January 1, 2021, by statute,

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