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West Virginia Circuit Court
The West Virginia Circuit Courts are the West Virginia state trial courts of general jurisdiction. They are the only state trial courts in West Virginia that are courts of record. West Virginia's 55 counties are divided into 31 circuits, each comprising anywhere from one to four counties. Different circuits have different numbers of judges; 11 circuits have only a single judge. Effective with the 2024 election, the circuits will be realigned into 30 circuits, with only one having a single judge.https://www.wvlegislature.gov/Bill_Text_HTML/2023_SESSIONS/RS/bills/hb3332%20sub%20enr.pdf Circuit judges were formerly elected in partisan elections to serve eight-year terms. In 2015, the Legislature changed the law to provide that future elections will be on a non-partisan basis. Judges must have engaged in the practice of law for at least five years. When a vacancy occurs, the governor of West Virginia appoints a judge, who must run in the next election to retain his or her seat. Be ...
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West Virginia
West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bureau of Labor Statistics classifies the state as a part of the Mid-Atlantic regionMid-Atlantic Home : Mid-Atlantic Information Office: U.S. Bureau of Labor Statistics" www.bls.gov. Archived. It is bordered by Pennsylvania to the north and east, Maryland to the east and northeast, Virginia to the southeast, Kentucky to the southwest, and Ohio to the northwest. West Virginia is the 10th-smallest state by area and ranks as the 12th-least populous state, with a population of 1,793,716 residents. The capital and largest city is Charleston. West Virginia was admitted to the Union on June 20, 1863, and was a key border state during the American Civil War. It was the only state to form by separating from a Confederate state, the second to sepa ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Hancock County, West Virginia
Hancock County is a county in the U.S. state of West Virginia. As of the 2020 census, the population was 29,095. Its county seat is New Cumberland and its largest city is Weirton. The county was created from Brooke County in 1848 and named for John Hancock, first signer of the Declaration of Independence. Hancock County is the northernmost point in both West Virginia and, by some definitions, the Southern United States; being at the tip of the state's Northern Panhandle. Hancock County is part of the Weirton-Steubenville, WV-OH Metropolitan Statistical Area, which is also included in the Pittsburgh-New Castle-Weirton, PA-WV-OH Combined Statistical Area. History Hancock County was formed from Brooke County in 1848, some 15 years before West Virginia became a state. Both counties were once part of Ohio County, Virginia, which had been formed from the District of West Augusta in 1776. Hancock County has significant Revolutionary-period roots due to its location on the Ohio Riv ...
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West Virginia Family Courts
West Virginia Family Courts handle cases involving divorce; annulment; separate maintenance; paternity; grandparent visitation; issues involving allocation of parental responsibility; and family support proceedings, except those incidental to child abuse and neglect proceedings. Family court judges also hold final hearings in domestic violence civil proceedings. The Family Court replaced a previous system of governor appointed "Family Law Masters" who made "recommended decisions" to the Circuit Judge, which proved unsatisfactory. This system was used from 1986 through 2001. Prior to 1986, each Circuit Judge handled divorce cases directly, often adopting local informal procedures, which varied from county to county, to deal with the caseload. There are currently forty-seven family court judges who serve twenty-seven family court circuits. Family court judges, are elected for a term of eight years. Prior to the 2016 elections, elections were on a partisan basis, but in 20 ...
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State Supreme Court
In the United States, a state supreme court (known by #Terminology, other names in some states) is the supreme court, highest court in the State court (United States), state judiciary of a U.S. state. On matters of State law (United States), state law, the judgment of a state supreme court is considered final and binding in both state and federal courts. Generally, a state supreme court, like most appellate tribunals, is exclusively for hearing appeals of legal issues. Although state supreme court rulings on matters of state law are final, rulings on matters of federal law can be appealed to the Supreme Court of the United States. Each state supreme court consists of a panel of judges selected by methods outlined in the State constitution (United States), state constitution. Among the most common methods for selection are gubernatorial appointment, non-partisan election, and partisan election, but the different states follow a variety of procedures. Role and powers Under the s ...
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Intermediate Court Of Appeals Of West Virginia
The Intermediate Court of Appeals of West Virginia is the intermediate appellate court in West Virginia, created pursuant to the West Virginia Appellate Reorganization Act of 2021. Jurisdiction It has jurisdiction over the following appeals, subject to further appeal to the Supreme Court of Appeals: * Final judgments or orders of a circuit court in civil cases, entered after June 30, 2022. * Final judgments or orders of a family court, entered after June 30, 2022, except for final judgments or final orders issued by a family court in any domestic violence petition which appeals shall first be made to a circuit court. * Final judgments or orders of a circuit court concerning guardianship or conservatorship matters, entered after June 30, 2022. * Final judgments, orders, or decisions of an agency or an administrative law judge entered after June 30, 2022. (Previously such orders were appealed to the Circuit Court of Kanawha County). * Final orders or decisions of the Health Care Aut ...
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Supreme Court Of Appeals Of West Virginia
The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia, the highest of West Virginia's state courts. The court sits primarily at the West Virginia State Capitol in Charleston, although from 1873 to 1915, it was also required by state law to hold sessions in Charles Town in the state's Eastern Panhandle. The court also holds special sittings at various locations across the state. Although the West Virginia Constitution allowed for an intermediate court of appeals to be created, since 1974 the Legislature declined to do so, until 2021 and thus the Supreme Court provided the only review of the decisions of the state's trial courts of general jurisdiction, the West Virginia Circuit Courts. In December 2010, the Supreme Court promulgated a major revision of West Virginia's rules of appellate procedure, by which it provided that it would hear all properly perfected appeals of right from the circuit courts. Beginning July 1, 2022 a new ...
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Family Court
Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintiff came into court with “clean hands” and the request was reasonable, “quantum meruit”. Changes in laws and rules have made this distinction superfluous. Family courts hear all cases that relate to familial and domestic relationships. Each US state and each country has a different system utilized to address family law cases including decisions regarding divorce cases. In the United States Family courts were first established in the United States starting in the late 1910s at the behest of probation officers invested in the success of specialized domestic relations courts. Members of the National Probation Association (NPA) advanced the idea that "combining criminal nonsupport, juvenile delinquency, and divorce into a unified 'fam ...
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Workers' Compensation
Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain.” One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that and thus to ensure security of compensation to the workers. While plans differ among jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form ...
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Limited Jurisdiction
Limited jurisdiction, or special jurisdiction, is the court's jurisdiction only on certain types of cases such as bankruptcy, and family matters. Courts of limited jurisdiction, as opposed to general jurisdiction, derive power from an issuing authority, such as a constitution or a statute. Special jurisdiction courts must demonstrate that they are authorized to exert jurisdiction under their issuing authority. In contrast, general jurisdiction courts need only to demonstrate that they may assert in personal jurisdiction over a party. Differences Sometimes the term "special courts" is used to refer to courts of limited jurisdiction: "Special courts" has unfortunate connotations, however, because the designation is often given by totalitarian governments to tribunals set up to persecute government opponents or otherwise help commit human rights abuses. That is a different kind of justice: not because it does not confer upon courts the power to hear only certain types of cases; but a ...
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Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ...
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