SOUTH CAROLINA

The South Carolina Judiciary System is an essential part of the state’s government, responsible for interpreting and applying the law. The judiciary is designed to provide a fair and just system for resolving disputes, ensuring that everyone has equal access to justice.

Purpose of the Courts

The main purpose of the courts is to ensure that the rights and liberties of South Carolina’s citizens are protected, and that justice is served. This is achieved through the interpretation and application of state and federal laws, as well as the state constitution.

Structure of the Courts

The South Carolina Judiciary System comprises several levels of courts, each with its own jurisdiction and function.

Supreme Court

As the highest court in the state, the Supreme Court has the final say on matters of state law. It consists of a Chief Justice and four Associate Justices who are elected to ten-year terms. The Supreme Court hears appeals from lower courts and has original jurisdiction in certain cases.

Court of Appeals

The Court of Appeals is the intermediate appellate court in South Carolina, consisting of nine judges elected to six-year terms. This court reviews decisions made by the Circuit Courts and Family Courts, ensuring that they are consistent with the law and constitution.

Circuit Courts

Circuit Courts are the general jurisdiction trial courts in South Carolina, divided into three divisions: General Sessions, Common Pleas, and Family Courts.

General Sessions

General Sessions courts handle criminal cases, including felonies and misdemeanors. They are responsible for determining guilt or innocence and imposing sentences.

Common Pleas

Common Pleas courts handle civil cases involving disputes over $7,500. These courts resolve disputes between individuals or businesses, awarding damages or other remedies as necessary.

Family Courts

Family Courts deal with cases involving domestic relations, such as divorce, child custody, and support. They also handle juvenile cases, including delinquency and abuse or neglect.

Probate Courts

Probate Courts handle matters related to wills, estates, and guardianships. They also have jurisdiction over involuntary commitments for mental health treatment.

Magistrate Courts

Magistrate Courts are limited jurisdiction courts that handle minor criminal offenses, traffic violations, and civil disputes involving $7,500 or less.

Municipal Courts

Municipal Courts are city or town-level courts that handle ordinance violations, traffic offenses, and other minor criminal matters.

Key Players in the Judiciary System

Judges

Judges are the decision-makers in the court system, responsible for interpreting the law and ensuring that justice is served.

Lawyers

Lawyers represent parties in legal disputes, presenting arguments and evidence on their behalf.

Court Clerks

Court clerks are responsible for maintaining court records, processing documents, and providing administrative support.

Law Enforcement

Law enforcement officers are responsible for maintaining order in the courts, serving legal documents, and carrying out court orders.

The Judicial Process

Filing a Case

To initiate a case, the plaintiff or their attorney files a complaint with the appropriate court. The complaint outlines the allegations against the defendant and the relief sought.

Pretrial Proceedings

Before the trial, there may be various pretrial proceedings such as discovery, where both sides exchange information, and pretrial motions, where the parties ask the court to make certain decisions about the case.

Trial

During the trial, both parties present their arguments and evidence before the judge or a jury. The judge or jury then decides the facts of the case and applies the relevant law.

Sentencing

In criminal cases, if the defendant is found guilty, the court will impose a sentence. The sentence may include fines, imprisonment, probation, or other penalties.

Appeals

If a party believes that the court made a legal error in its decision, they can appeal the decision to a higher court. The appellate court reviews the case to determine whether any errors were made that affected the outcome.

Conclusion

Understanding the structure and functions of the South Carolina Judiciary System is essential to ensuring the fair and efficient administration of justice. Each court plays a vital role in interpreting the law, protecting citizens’ rights, and maintaining social order. The system is designed to be accessible and transparent, providing everyone with an opportunity to have their case heard and decided fairly.

FAQs

1. What is the highest court in South Carolina? The highest court in South Carolina is the Supreme Court.
2. What types of cases do the Family Courts handle? Family Courts handle cases involving domestic relations, such as divorce, child custody, and child support. They also handle juvenile cases.
3. What is the role of the Court of Appeals? The Court of Appeals reviews decisions made by the Circuit Courts and Family Courts, ensuring that they are consistent with the law and the constitution.
4. What is the purpose of Probate Courts? Probate Courts handle matters related to wills, estates, and guardianships. They also have jurisdiction over involuntary commitments for mental health treatment.
5. Can a decision made by a lower court be appealed? Yes, if a party believes that the court made a legal error in its decision, they can appeal the decision to a higher court.