State Court System In Indiana - Essay Example

The trial courts consists of (from the lowest to the highest level) city or town courts, it is county courts, superior courts and circuit courts (Indianacourts, 2009). City or town courts can be created by local ordinances meaning local law. They handle minor offenses, namely infractions, misdemeanors and city ordinances. Most commonly, this is where traffic matters are handled (Court Reference. 2009). Since city or town courts are not courts of record, their proceedings are not recorded. Hence any appeal from these courts to superior or circuit courts, they are trialed as if they are appearing for the first time at these higher courts.

At present, there are 48 city courts and 27 town courts in Indiana with Avon, Carmel, Jamestown, and Plainfield as a few examples (Indianacourts, 2009). County courts handle contract (disagreements over written and oral agreements), tort (such as personal injury cases, perhaps from a car accident), and landlord/tenant cases where the damages do not exceed $10,000. Class D felonies, misdemeanor and infraction cases and violations of local ordinances are cases county courts hear. A small claims division is also available in county courts (Court Reference. 2009). Floyd, Madison, and Montgomery counties are the only Indiana counties that still have a county court system while the rest are upgraded to superior courts.

Superior courts have general jurisdiction, and so all civil and criminal cases can be heard. Where no county court system exists minor offences and small claims are heard. The General Assembly divided Indiana into circuits, or areas based on county lines. Indiana has 92 counties, and 88 of these counties have their own circuit with their own circuit court. The remaining four small counties in southeastern Indiana (Dearborn, Jefferson, Ohio, and Switzerland counties) have been combined to form two circuits with two counties in each circuit.

Circuit courts heard all civil and