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OVERVIEW
OF THE MARYLAND COURT SYSTEM
The
Maryland Judiciary is comprised of four court levels: two trial courts
and two appellate courts. The function of a trial court is to consider
evidence in a case and to make judgments based on the facts and underlying
law and legal precedent. This may result in the awarding of monetary damages
or other relief in a civil case, or the imposition of imprisonment or
fines in a criminal case. Appellate courts review a trial court's actions
and decisions in given cases and decide whether the trial judge properly
followed the law and legal precedent. For jury trials, the appellate court
may have to decide whether the jury's decision was proper, given the facts
presented and the underlying law in the case. Generally, appellate courts
do not decide which party won or lost a trial, nor do they conduct a new
trial. Rather, they review the earlier trial and determine whether or
not it was fair, according to the law. |
DISTRICT
COURT
The District Court of Maryland has 34 locations in 12 districts statewide,
with at least one judge presiding in each county and Baltimore City.
There are no juries in the District Court; each case is heard and
decided by a judge. The District Court hears both civil and criminal
cases involving claims up to $30,000, and has exclusive jurisdiction
over peace order cases and landlord/tenant, replevin (recovery of
goods claimed to be wrongfully taken or detained), and other civil
cases involving amounts at or less than $5,000. The District Court
also handles motor vehicle/boating violations and other misdemeanors
and limited felonies, although the circuit courts share jurisdiction
if the penalties authorized are three years or more in prison, a fine
of $2,500 or more, or both. Both trial courts can hear domestic violence
cases. |
TRIAL COURTS |
CIRCUIT
COURTS
The circuit courts of Maryland, located in all 23 counties and Baltimore
City, are the trial courts of general jurisdiction. Unlike the District
Court, which operates under a unified system, the circuit courts historically
have had greater autonomy and have been funded by the county or city.
Circuit courts generally handle the State’s major civil cases and
more serious criminal matters, along with juvenile cases, family matters
such as divorce, and most appeals from the District Court, orphans’
courts and administrative agencies. The circuit courts also can hear
cases from the District Court (civil or criminal) in which one of
the parties has requested a jury trial, under certain circumstances. |
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COURT
OF SPECIAL APPEALS
The Court of Special Appeals is Maryland’s intermediate appellate
court. The Court of Special Appeals was created in 1966 in response
to the rapidly-growing caseload in the Court of Appeals. The Court
of Special Appeals originally could hear only criminal cases. However,
its jurisdiction has expanded so that it now considers any reviewable
judgment, decree, order, or other action of the circuit and orphans’
courts, unless otherwise provided by law. Judges sitting on the Court
of Special Appeals generally hear and decide cases in panels of three.
In some instances, however, all 13 judges may listen to a case, known
as an ‘en banc’ hearing. |
APPELLATE COURTS |
COURT
OF APPEALS
The Maryland Court of Appeals is the highest court in the State (commonly
called the Supreme Court in other states and at the federal level).
The Court of Appeals hears cases almost exclusively by way of certiorari,
a process which gives the court discretion to decide which cases to
hear. However, the Court of Appeals is mandated by law to hear cases
involving the death penalty, legislative redistricting, removal of
certain officers, and certifications of questions of law. The Chief
Judge of the Court of Appeals, Robert M. Bell, sits on the Court along
with six other judges. All seven judges hear oral arguments on each
case unless a judge removes him/herself from a case; in this event,
a judge from another court, or a retired appellate judge, may be specially
assigned to sit in the place of the recused judge. |
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ORPHANS'
COURT
Orphans’ Courts handle wills, estates, and other probate matters.
In addition, they have jurisdiction—along with the circuit courts—to
appoint guardians of the persons, and to protect the estates, of unemancipated
minors (minors who are subject to parental authority). An appeal
from an Orphans’ Court generally may be to a circuit court, where
the matter is tried de novo or ‘as new’ before a judge or jury, or
to the Court of Special Appeals, where the matter is heard ‘as is’
or on the record. |
OTHER ADJUDICATORY BODIES |
OFFICE
OF ADMINISTRATIVE HEARINGS
Authorized in 1989, the Office of Administrative Hearings listens
to contested executive branch administrative law cases, except for
those concerning officials or agencies exempted by law. A citizen
who disagrees with an action taken by such an agency may appear before
an administrative law judge to obtain an impartial review. Administrative
law judges are independent of the government agency whose action is
being contested. Though based in the Baltimore area, these judges
hear cases Statewide. |
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FEDERAL
COURTS
At its simplest, federal courts deal with issues involving laws enacted
by Congress, while state courts apply the laws of their state and
local governments. Federal courts handle such diverse matters as bankruptcy,
contract disputes, personal injury actions, product liability cases,
criminal prosecutions, divorces, child custody matters, and probate
of estates. There are rules, sometimes complex, governing whether
a matter will proceed in a state or federal court. For example, a
case in which citizens of more than one state are involved may be
brought in a federal court and, if brought in a state court, may be
removed by one or more of the parties to federal court. Just as state
courts in Maryland are authorized by the Maryland Constitution, federal
courts are authorized by the U.S. Constitution. This dual court structure
is a distinguishing and innovative feature of the American judicial
system. More information on the Federal Judiciary is available on
the U.S. Courts’ website, www.uscourts.gov. |
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