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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 Practice (Gann Law Books), chapter 7:1-1〕 Under the State Constitution, "'judicial power shall be vested in a Supreme Court, a Superior Court, County Courts and inferior courts of limited jurisdiction.'"〔Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 4:1-1〕 The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts. The State Constitution renders the New Jersey Superior Court, Appellate Division the intermediate appellate court, and "()ppeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by law."〔Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 7:1-1〕 Each division is in turn divided into various parts. "The trial divisions of the Superior Court are the principal trial courts of New Jersey. They are located within the State's various judicial geographic units, called 'vicinages,' R. 1:33-2(a), and are organized into two basic divisions: the Chancery Division and the Law Division".〔Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 1:3-1〕 Like justices of the New Jersey Supreme Court, judges of the Superior Court are appointed by the Governor and confirmed by the State Senate for initial terms of seven years. If reappointed before the expiration of the initial term, the judge is said to have tenure and can serve until the mandatory judicial retirement age of 70. Retired judges may be recalled to serve in courts other than the Supreme Court. Judges are assigned to the court's divisions and parts (and in the case of the Law and Chancery Divisions, to a particular vicinage) by the Supreme Court. ==Appellate Division== (詳細は)he State Constitution established the Appellate Division as the upper tier of the Superior Court."〔Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 4:1-1〕 "The Appellate Division was created as part of the judicial revision that took place as a result of the 1947 Constitution. Prior to 1947, the structure of the judiciary in New Jersey was extremely complex, including 'a court of errors and appeals in the last resort in all causes . . .; a court for the trial of impeachments; a court of chancery; a prerogative court; a supreme court; circuit courts, and such inferior courts as now exist, and as may be hereafter ordained and established by law . . .'"〔Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 7:1-1〕 The Appellate Division hears appeals from the Law and Chancery Divisions and final decisions of State administrative agencies. There are eight parts, designated "A" through "H," and each part has three or four judges. "The Appellate Division shall consist of such parts with such number of judges as the Chief Justice shall from time to time designate."〔Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 7:2-2〕 Judges are rotated among the parts on an annual basis. "Each Part is headed by a presiding judge, who is properly addressed as 'Presiding Judge, Appellate Division.' The most senior judges of the Appellate Division serve as presiding judges of the various Parts()"〔Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 7:2-2〕 Unlike the federal and some other state appellate courts, appeals are not allocated among the parts on a territorial basis and Appellate Division precedent is equally binding statewide. One of the judges on each part is designated as the presiding judge and there is an overall presiding judge for administration. Appeals are decided by a panel of two or three judges from the part to which the appeal is assigned. If the Supreme Court has less than seven members available to hear a case, either because of vacancies or recusals, senior Appellate Division judges may be assigned to serve temporarily. The Appellate Division has a central clerk's office that processes the filing of notices of appeal, briefs, motions and other papers. Appeals in New Jersey must be filed within 45 days.〔Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 19:1-1〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「New Jersey Superior Court」の詳細全文を読む スポンサード リンク
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