Handout #26
Courts of the Commonwealth of Pennsylvania
THE MINOR JUDICIARY "courts of first instance" and "courts not of record"; jurisdiction extends to:
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summary offenses
guilty pleas for third degree misdemeanors and the setting of trial dates with the Court of Common Pleas
setting bail
small claims court for civil cases up to $8,000
traffic violations & vehicle code violations
landlord & tenant matters
Types of Courts within the minor judiciary:
Magisterial District Judge (formerly known as District Justices, Justices of the Peace or Magistrates)
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there are 553 districts in PA to serve each local community
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has original jurisdiction over all powers listed above
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also can issue warrants and hold preliminary hearings in all criminal cases and can schedule trial dates for
cases beyond their jurisdiction
Philadelphia Municipal Court
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original jurisdiction over minor civil and criminal cases and traffic issues
Allegheny Municipal Court
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for the county including Pittsburgh; combines Municipal & Traffic Court functions
THE COURT OF COMMON PLEAS
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most cases involving our judicial system begin here
original jurisdiction on most serious criminal and civil cases
original jurisdiction over inheritance, divorce, child custody, and adoption
each Court of Common Pleas is called a judicial district which can be divided into smaller courts: Civil Court, Criminal
Court, Family Court, Juvenille Court, and Orphan’s Court
currently, Pennsylvania has 60 judicial districts for its 67 counties (seven districts are composed of two counties)
JUDICIAL REVIEW: authority of the courts to review & declare unconstitutional actions of other branches of
government; part of our checks & balances, this is usually one of the responsibilities of appellate courts (like those below)
SUPERIOR COURT
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has appellate jurisdiction over matters appealed from the Courts of Common Pleas (except for felonious homicide)
has almost no original jurisdiction -- Superior Courts were created to reduce the burden on PA's Supreme Court
COMMONWEALTH COURT
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generally hears cases relating to the activities of the Commonwealth of Pennsylvania and the procedures and policies of the
state and its agencies
original jurisdiction over civil actions against the Commonwealth or any of its officers
EXCEPT: no original jurisdiction in the areas of eminent domain (the right of the government to force you to sell your
property to the government if it is needed by the public) or habeas corpus (the right of a citizen to obtain an order to test the
legality of his/her imprisonment)
appellate jurisdiction over appeals from the Courts of Common Pleas that have to do with: 1) appeals about decisions
involving the Commonwealth; 2) State administrators or State agencies; 3) Interpretation of acts of the General Assembly;
and 4) Interpretation of local regulations or laws.
PENNSYLVANIA SUPREME COURT
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is mostly an appellate court -- appeals for felonious homicide and constitutional questions come directly here
also has extra-ordinary jurisdiction: can assume jurisdiction over any case it wishes by its own decision if the justices
think it should
by request, it can take any jurisdiction over an issue of immediate public importance that is in a lower court