Judiciary of New Jersey
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The
Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
of
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
comprises the
New Jersey Supreme Court The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging th ...
as the
state supreme court In the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in b ...
and many lower courts. New Jersey's judiciary is unusual in that it still separates cases at law from those in
equity Equity may refer to: Finance, accounting and ownership * Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the dif ...
, like its neighbor
Delaware Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
but unlike most other U.S. states; however, unlike Delaware, the courts of law and equity are formally "divisions" of a single unified lower court of
general jurisdiction {{Globalize, article, USA, 2name=the United States, date=December 2010 A court of general jurisdiction is a court with authority to hear cases of all kinds – criminal, civil, family, probate, and so forth. United States All federal courts ar ...
, and each division may award "limited" relief in the form appropriate to the other division.


Courts


Supreme Court

The
New Jersey Supreme Court The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging th ...
consists of a Chief Justice and six Associate Justices. All are appointed by the Governor with the
advice and consent Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something prev ...
of a majority of the membership of the State Senate. Justices serve an initial seven-year term, after which they can be reappointed to serve until age 70.


Superior Court, Appellate Division

The
New Jersey Superior Court, Appellate Division The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with appe ...
functions as the state's intermediate
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
. Superior Court judges are assigned to the Appellate Division by the Chief Justice.


Superior Court

More serious criminal cases and all civil cases (except tax matters) are handled by the
New Jersey Superior Court The Superior Court is the state court in the U.S. state of New Jersey, with statewide trial and appellate jurisdiction. The New Jersey Constitution of 1947 establishes the power of the New Jersey courts.Jeffrey S. Mandel, New Jersey Appellate Pr ...
for each county. All Superior Court judges are appointed by the Governor with the
advice and consent Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something prev ...
of a majority of the membership of the State Senate. Judges serve an initial seven-year term and can be reappointed to serve until age 70. New Jersey's judiciary is unusual in that it still has separate courts of law and
equity Equity may refer to: Finance, accounting and ownership * Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the dif ...
, like its neighbor
Delaware Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
but unlike most other U.S. states. The New Jersey Superior Court is divided into Law and Chancery Divisions at the trial level. However, unlike Delaware, the Law and Chancery Divisions exchange judges relatively freely; they can be and are moved to the other division as needed. Furthermore, the Chancery Division is granted the power to award money
damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
when appropriate in an action primarily for
equitable relief Equitable remedies are judicial remedies developed by courts of Equity (law), equity from about the time of Henry VIII of England, Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based commo ...
, and the Law Division is granted the power to order limited equitable relief in a suit primarily for money damages, unlike their Delaware counterparts. Domestic relations matters, such as divorce, child custody, and domestic violence restraining order cases are heard in a subdivision of the Chancery Division named the Family Part.


Municipal Courts

The Municipal Courts carry out most of the day-to-day work in the New Jersey courts by hearing simple traffic tickets and minor criminal offenses. The Municipal Courts may also issue emergency temporary restraining orders in domestic violence cases when the Superior Court is closed (typically in conjunction with a criminal report on an incident by police).N.J.S.A. 2C:25-28, ''available at'' https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-25-28/ The Municipal Courts in New Jersey are considered courts of limited jurisdiction, responsible for handling motor vehicle and parking tickets, minor criminal offenses and violations (for example, simple assault and bad checks), municipal ordinance offenses (such as dog barking or building code violations), and other offenses, such as fish and game violations. A Municipal Court has jurisdiction only over those cases that occur within the boundaries of its municipality. Many serious criminal cases, such as robbery, auto theft, or assault, start out as complaints filed in the Municipal Court; however, those cases are then transferred to the Superior Court located at the county courthouse.


Tax Court

The Tax Court is a court of limited jurisdiction. Tax Court judges hear appeals of tax decisions made by County Boards of Taxation. They also hear appeals on decisions made by the Director of the Division of Taxation on such matters as state income, sales and business taxes, and homestead rebates. Appeals from Tax Court decisions are heard in the Appellate Division of Superior Court. Tax Court judges are appointed by the Governor for initial terms of seven years, and upon reappointment are granted tenure until they reach the mandatory retirement age of 70. There are 12 Tax Court judgeships.


See also

* Government of New Jersey *
Law of New Jersey The law of New Jersey consists of several levels, including constitutional, statutory, regulatory, case law, and local law. Sources The Constitution of New Jersey is the foremost source of state law. Legislation is enacted by the New Jersey ...
* Law enforcement in New Jersey *
List of justices of the Supreme Court of New Jersey Current justices , List of justices before 1947 Before 1947 and particularly after 1844, the structure of the New Jersey state judiciary was incredibly complex. In some cases, it is not entirely clear whether the following justices served on th ...
*
Courts of New Jersey Courts of New Jersey include: ;State courts of New Jersey *New Jersey Supreme Court (previously the New Jersey Court of Errors and Appeals) **New Jersey Superior Court (including the Appellate Division; 15 vicinages) ** New Jersey Tax Court ** N ...
*
List of United States federal courthouses in New Jersey Following is a list of current and former courthouses of the United States federal court system located in New Jersey. Each entry indicates the name of the building along with an image, if available, its location and the jurisdiction it covers,For ...
*
County courthouses in New Jersey There are 21 counties in the state of New Jersey. The New Jersey Superior Court subsumed and replaced the New Jersey County Courts, which were abolished in 1978. The Superior Court has 15 vicinages (jurisdictional districts or circuits), some ...
* Richard J. Hughes Justice Complex


References


External links

*
Judiciary
in the
New York Codes, Rules and Regulations The ''New York Codes, Rules and Regulations'' (NYCRR) contains New York state rules and regulations. The NYCRR is officially compiled by the New York State Department of State's Division of Administrative Rules. Contents See also * '' New York ...
(22 NYCRR)
New Jersey Official Reports Service
from
West West or Occident is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sun sets on the Earth. Etymology The word "west" is a Germanic word passed into some ...

Office of Court Administration
on Open NY (https://data.ny.gov/)
National Center for State CourtsNew Jersey CourtNew Jersey Court Ticket Payments Website
{{Authority control
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...