How Does Court Work (NJ Specific)
Updated: Sep 28
In New Jersey, there are five different courts: the Supreme Court, the Superior Court, the Appellate Division of the Superior Court, the Tax Court, and the Municipal Court.
Superior Court
Houses trials for cases involving criminal, civil, and family law
Criminal Cases: The defendant is accused of a serious crime (like robbery or murder)
A prosecutor tries to prove that the defendant is guilty
The defense attorney tries to prove that the defendant is innocent
Often decided not by a trial but by a plea bargain; the defendant admits they are guilty, and the prosecutor recommends a smaller sentence
Judges may ignore the suggestion
Plea bargains can be entered before or during trial
Joined by a jury (12 citizens)
Their role is to hear evidence from witnesses, presented by the attorneys
If they believe the defendant is guilty, the judge convicts and sentences the defendant
If they believe the defendant is innocent, the judge acquits (not guilty) the defendant
If undecided, the judge can declare a mistrial to hold another trial with a different jury
Civil Cases: A plaintiff claims that the defendant injured their body, property, reputation, or rights (e.g., car accidents, workplace discrimination, medical malpractice).
Result 1: the plaintiff seeks damages, or money as compensation
Result 2: They file lawsuits to enforce rights, known as General Equity cases
They seek action from the defendant, such as ending a strike
Often agree to settle without a trial, like a criminal case
Family Cases: Civil cases which involve family (e.g., divorce, adoption, juvenile delinquency, domestic violence)
Commonly decided by judges, not juries
Juvenile Court: When a minor breaks the law, it is usually considered delinquency.
Often heard in family court, sometimes municipal court
3 goals: responsibility, prevention and public safety
Bail is not available. If detained, a hearing will take place within 48 hours. This hearing will decide if the minor has truly committed a crime. If yes, the minor can be released or detained, and will attend a detention review hearing every month until a verdict.
The minor can be held in a juvenile facility IF:
accused of a serious offense
a risk to public safety
has a previous record
failed to come to court
failed to comply to court
Usually no more than 3 years
Other Potential Consequences:
Probation
Juvenile conference committee (complete a task for a dismissal)
Community service and fines
Mandatory treatment
Out-of-home placement
Tax Court
Reviews the decisions of taxation
E.g., how much a property should be taxed, state income tax, sales tax, and business tax
12 Tax Court judges and 0 juries
Appeals/Appellate Court
When people disagree with the results of court, they may appeal their case to this court
Reviews the decisions of the lower courts to determine if it falls correctly under the law
Purpose: ensure the law and the court are fair
Appellate Division of the Superior Court: Cases are reviewed and decided by two or three judges without more new evidence. Lawyers make their legal arguments to the judges.
New Jersey Supreme Court
Court of last resort. Decides if the process and result were fair and legal.
7 judges are initially appointed to a 7-year term but can stay until age 70
Usually hears appeals to the Appellate Division and rules in cases involving Constitutional questions or the death penalty
Can decide a case that has not been heard in lower courts
Often interprets laws that conflict with each other
Supreme Court of the United States
The highest court in the United States and leads the judicial branch of the government.
9 Justices - 1 Chief, 8 associate justices
They serve for life unless retirement, resignation, or impeachment.
Purpose:
Interpreting the Constitution - decides if law or execution actions follow the Constitution
Strikes down and cancels laws that violate the Constitution
Final Appeal - reviews cases from lower courts that involve Constitutional law
Sets legal examples that all other courts must follow
Municipal Court
Hears most cases in New Jersey, which commonly involve traffic or parking matters
Also hears minor criminal offenses like shoplifting or trespassing
FAQ
Can juveniles be tried as an adult?
Yes. In certain circumstances, their case is heard by the Criminal Division of the Superior Court and tried as an adult.
What is a Grand Jury?
A grand jury decides if there is enough evidence to convict someone. It does not decide if they are guilty or innocent.
What is an indictment?
A formal accusation that someone committed a serious crime.
Difference between indictable offense vs disorderly persons offense?
Indictable offense = superior court + more serious. Disorderly persons offense = municipal court + less serious.
What if someone is too poor to afford a lawyer?
They can still be represented by a public defender or a court-appointed lawyer.
What is bail?
It is the temporary release of a person while they wait for their trial. It often requires a payment, which is later refunded if the person goes to all trials.
How does a case reach the U.S. Supreme Court?
Less than 1% of requested cases gets through a strict filtering process. First, it must be tried in a lower court. Next, the losing party files for a Petition for Writ of Certiorari, a request for the Supreme Court to review their case. Then, law clerks write a short summary for the judges to review. Finally, if four justices agree to grant the Wrist of Certiorari, the case will be heard by the Court.
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