COURTS-CONNECTICUT
The state court of Connecticut follows a three-tire court system
- The Supreme Court of Connecticut as a court of last resort.
- The Appellate court, and
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The Superior Courts
- The cases heard in the Supreme Court have first been decided in the Superior Court, which is a trial court where a judge or a jury makes a decision based on conflicting stories from witnesses who describe the history of the controversy.
- The losing party in the Superior Court has the right to one appeal to the appellate court. The Appellate Court of Connecticut is the intermediate court of appeals.
- Appeals come to the Supreme Court in one of two ways:
- A person who is dissatisfied with the judgment of the Appellate Court can ask the Supreme Court to take another look at the legal issues that are at stake, by filing a request that the appeal be certified.
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Other appeals come to the Supreme Court as a result of a decision to transfer the case to itself instead of having it be heard in the Appellate Court, or as a result of a law mandating that an appeal must be heard by the Supreme Court.
APPELLATE COURT (INTERMIDIATE COURT)
- Appellate courts hears the appeals and review from the trial courts.
- Appeals or motions for leave to appeal, are generally arise from judgments or orders by the trial Court.
- An appeal from the Judgment and order of the Court may be filed with in 45 days from the date that judgment or order.
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If all issues as to all parties are not closed out at trial, the judgment, order or decision is interlocutory in such instances, a motion for leave to appeal may be made, asking the court to consider the matter before it is final.
SUPERIOR COURT
- The superior courts of the State are courts of first instances.
- The superior courts have the following divisions to deal with different varieties of cases.
- Civil Division
- Criminal Division
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Family division
CIVIL DIVISION
- Civil Division hears cases in which someone is being sued to protect civil, personal or property rights.
- It also deal in the typical cases like
- automobile or personal accidents,
- landlord-tenant disputes,
- product or professional liability disputes, and
- disputed contracts
- Landlord-tenant cases and small claims cases are usually heard in geographical area courts.
- Administrative appeals and civil jury and non-jury cases are usually heard in judicial district courthouses.
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Tax cases are heard in a special tax session.
The Civil Division is divided into five parts or types:
- Administrative Appeals;
- Civil Jury;
- Civil Non-Jury;
- Landlord-Tenant, including evictions (called summary process);
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Small Claims
Criminal Division
- Criminal Division hears cases where the state is prosecuting a person (the defendant) who is accused of breaking the law.
- The state is represented by a state's attorney.
- There are three kinds of criminal cases, depending on the severity of the offense:
- crimes which include felonies- punishable by prison sentences more than one year- and misdemeanors- punishable by prison sentences of one year or less;
- violations which include motor vehicle cases punishable by a fine only; and,
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infractions where a fine may be paid by mail without requiring a court appearance (for example, traffic tickets). All criminal cases but the most serious ones are heard in geographical area courts around the state.
FAMILY DIVISION
- Family Division hears cases involving juveniles and family relationships.
- Typical cases include
- divorce,
- child custody,
- child support,
- relief from abuse (temporary restraining orders),
- juvenile delinquency,
- child abuse and neglect, and
- termination of parental rights.
- Juvenile Matters is a special subdivision of Superior Court designed to protect the rights of children, family relationships and confidentiality.
- Cases in juvenile court include:
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termination of parental rights;
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emancipation of a minor;
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delinquency (crimes committed by children under age 16);
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neglected or uncared for children and youth; families with service needs (FWSN)
PROBATE DIVISION
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The Probate division has the following jurisdiction:
Trusts and Estates
- probating wills and the administration of estates;
- overseeing testamentary and living trusts;
- determining title to real and personal property; and,
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construing the meaning of wills and trusts.
Guardians, Conservators and Civil Commitment
- appointing guardians for persons who are mentally retarded;
- approving sterilizations and placements of persons who are mentally retarded;
- appointing a guardian of the estate or person for a child;
- for persons with mental illness and/or for persons who are incapable of managing or administering their own affairs, appointing conservators of the person and the estate; and,
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committing those suffering from severe mental illness to an appropriate facility.
Parents
- removing unfit parents as guardians of their children;
- hearing the claims of paternity of unwed fathers;
- terminating the parental rights of parents who cannot fulfill their parental responsibilities; and,
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granting adoptions.
Other
- granting name changes;
- approving or disapproving the marriage of a youth under the age of sixteen years;
- waiving the blood tests required for the issuance of a marriage license; and,
- assisting persons in obtaining passports