The Pennsylvania Court System
The Pennsylvania Court system consists of a number
of different courts. The different courts are identified and their
roles in the system are explained below. For additional information,
see the web site of the Pennsylvania Unified Judicial System.
Magisterial District Judges (formerly
known as District Courts) are the small claims courts in Pennsylvania.
These courts hear civil cases where the amount in controversy is
$8,000 or less, hear minor criminal cases and hear preliminary hearings
for more serious criminal matters. At various times the judges of
these courts had been called "District Justices" and "Justices of the Peace."
Philadelphia Municipal Court is Philadelphia's
version of small claims courts.
Pittsburgh Municipal Court
is a portion of Pittsburgh's version of small claims courts. This court
hears minor criminal cases, preliminary hearings for more serious criminal
cases and cases involving violations of Pittsburgh city ordinances. Pittsburgh
also has Magisterial District Judges (like all counties other than Philadelphia)
who hear all matters that would be brought in small claims courts in other
counties and that are not heard in Pittsburgh Municipal Court.
Common Pleas Courts - These courts
are the regular trial courts in Pennsylvania. Most counties in Pennsylvania
have their own Common Pleas Court, although some less populated counties
share the same judges with another county. The Common Pleas Court is
sometimes divided into divisions. A court might have a Civil Trial
Division, a Criminal Trial Division, a Family Court Division or an Orphans'
Court Division. The Common Pleas Courts hear civil cases without regard
to the amount in controversy and hear more serious criminal cases. Common
Please Courts also hear appeals from Magisterial District Judges and Municipal
Courts, appeals from various local bodies and local administrative agencies,
such as zoning hearing boards and Many appeals from commonwealth agencies,
such as the Department of Transportation.
Orphans' Court - This is a division
of the Common Pleas Court in some counties. The Orphans' Court judges
hear cases involving wills, trusts, estates, powers of attorney, guardianships
and other similar matters. In some counties, there is no specific
Orphans' Court Division and, instead, these cases are heard by a Common Please
Court judge sitting as an Orphans' Court judge for that particular matter.
Superior Court - This is one of the
two intermediate appellate courts in Pennsylvania. The Superior Court
generally hears appeals from cases that were tried in Common Pleas Courts.
This includes both civil cases and criminal cases. The
Superior Court generally does not hear cases that were
appeals to Common Pleas Court from local administrative agencies
or from commonwealth agencies that are further appealed from
Common Pleas Court to an appellate court. Instead, those further appeals
are generally heard by the Commonwealth Court. Cases are
generally argued before a panel of three Superior Court judges. The
Superior Court consists of fifteen judges and a varying number of senior judges.
Commonwealth Court - This is one of
the two intermediate appellate courts in Pennsylvania. The Commonwealth
Court hears appeals from Common Pleas Courts that involved cases that were
originally decided by a local administrative agency (such as a zoning hearing
board) or by a commonwealth agency (such as the Department of Transportation)
and previously appealed from that agency to Common Pleas Court. The
Commonwealth Court also hears appeals directly from certain commonwealth agencies,
such as the Public Utility Commission and Environmental Hearing Board. In
addition, the Commonwealth Court hears appeals in all civil cases brought
by and against the Commonwealth of Pennsylvania. The Commonwealth Court
also serves as a trial court in certain limited matters. The Commonwealth
Court consists of nine judges and a varying number of senior judges.
Supreme Court - The Supreme Court
administers the Pennsylvania judicial system. This court consists
of six Associate Justices and a Chief Justice. This is
the highest appellate court in the Commonwealth of Pennsylvania. The
court hears appeals from the Superior Court and from the Commonwealth Court
and in certain extraordinary cases, may hear an appeal directly from a
Common Pleas Court. Except with respect to cases involving the death
penalty, the acceptance of a case on appeal is generally within the discretion
of the Supreme Court. This means that the Supreme Court can choose
to hear an appeal (grant "allocatur") or can decline to hear an appeal.
If the Supreme Court declines to hear an appeal, the decision of the
Superior Court or of the Commonwealth Court becomes the final word in that
particular case. The Supreme Court generally declines to hear an appeal
unless the court feels that a particular case involves a significant issue
or important legal principle.
The lawyers in the firm of Fromhold Jaffe
& Adams try cases in the courts of the Magisterial District Judges and
in Common Pleas Court (including the Civil Trial Division and the Orphans'
Court Division). They also handle appeals before the Superior Court,
the Commonwealth Court and the Supreme Court of Pennsylvania.
© 2005 Marc H. Jaffe
Fromhold Jaffe
& Adams
Attorneys at Law
Villanova Center - Suite 220
789 East Lancaster Avenue
Villanova, Pennsylvania 19085
610-527-9100
www.fromholdjaffe.com
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