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State of Delaware Retail Compendium of Law

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State of Delaware Retail Compendium of Law STATE OF DELAWARE RETAIL COMPENDIUM OF LAW Updated in 2017 by Cooch and Taylor 1000 N. West St., 10th Floor Wilmington, DE 19801 Phone: (302) 984-3800 www.coochtaylor.com 2017 USLAW Retail Compendium of Law TABLE OF CONTENTS The Delaware State Court System ............................................................................... 2-3 Trial Courts ................................................................................................................................................. 2-3 The Justice of the Peace Court .................................................................................................................. 2 The Court of Common Pleas ..................................................................................................................... 2 The Superior Court .................................................................................................................................... 2 The Family Court ....................................................................................................................................... 3 The Chancery Court ................................................................................................................................... 3 Appellate Court ............................................................................................................................................. 3 The Supreme Court of the State of Delaware ........................................................................................... 3 General Negligence Principles ..................................................................................... 3-4 Definitions and Elements ........................................................................................................................... 3-4 Negligence Per Se.......................................................................................................................................... 4 Respondeat Superior .................................................................................................................................... 4 Res Ipsa Loquitor ........................................................................................................................................... 4 Delaware Specific Negligence Principles and Doctrines ................................................. 5 Premises Liability .......................................................................................................................................... 5 Continuous Storm Doctrine .......................................................................................................................... 5 Common Causes of Action .............................................................................................. 6 The Standard of Care for Slip and Fall Causes of Action ............................................................................... 6 Examples of Negligent Customers ............................................................................................................ 6 Slip and Fall – Outdoors ................................................................................................................................ 7 Snow and Ice ............................................................................................................................................. 7 Snow Removal Contractor ........................................................................................................................ 7 Slip and Fall – Indoors ................................................................................................................................... 7 Negligent Hiring and Supervision .............................................................................................................. 8 Violent Crime ........................................................................................................................................... 8-10 Liability ...................................................................................................................................................... 8 Wrongful Death ....................................................................................................................................... 10 Emotional Distress Claims ....................................................................................................................10 Actions Brought Against a Store by a Person Accused of Theft/Shoplifting ............................................... 11 Standard .................................................................................................................................................. 11 Malicious Prosecution ............................................................................................................................. 11 Defamation ............................................................................................................................................. 11 Defenses ................................................................................................................................................. 12-13 Statute of Limitations .............................................................................................................................. 12 Comparative Negligence ......................................................................................................................... 12 Examples ................................................................................................................................................. 13 Assumption of the Risk ........................................................................................................................... 13 Indemnification ....................................................................................................................................... 13 Damages ...................................................................................................................................................... 14 Compensatory ......................................................................................................................................... 14 Punitive ................................................................................................................................................... 14 Interest .................................................................................................................................................... 15 Attorneys’ Fees ....................................................................................................................................... 15 Costs ............................................................................................................................................................ 15 i Offer of Judgment ................................................................................................................................... 16 Contribution Among Joint Tort-Feasors ...................................................................................................... 16 Dram Shop…………………………………………………………………………………………………………………………………………….16 ii I. The Delaware State Court System: a. Trial Courts 1. Justice of the Peace Court (“JP Court”) This is the entry level court with jurisdiction over certain traffic violations and misdemeanors in criminal cases. The JP Court also sits as a committing magistrate. It has jurisdiction over civil matters where the amount in controversy is less than $15,000.00. Civil matters in JP Court are limited to property or contract matters, including exclusive jurisdiction over landlord/tenant disputes. There is no jurisdiction for personal injury matters. Appeals from the JP Court are heard by the Court of Common Pleas. 2. The Court of Common Pleas (“CCP”) CCP is a statewide court of limited jurisdiction. CCP has jurisdiction in civil matters if the amount in controversy is less than $50,000.00. Filing a civil complaint in CCP constitutes a waiver of a jury trial. A defendant that files an answer with a demand for a jury trial will automatically transfer the case to the Superior Court. Criminal jurisdiction is limited to misdemeanors and violations. The court has concurrent jurisdiction with the JP Court in this area. The court also hears preliminary hearings in criminal matters including felonies. The court has appellate jurisdiction over the JP Court and revocations of drivers’ licenses from the Department of Motor Vehicles. Appeals from CCP are on the record to the Superior Court. 3. Superior Court Superior Court is Delaware’s primary trial court and a court of general jurisdiction. The Superior Court has jurisdiction over all common law matters, but it is not a court of equity. It hears criminal matters, including all felony cases and most drug cases. There is no monetary maximum jurisdiction for civil matters. The court also has specific authority to issue certain writs. See 10 Del. C. § 562. The Superior Court sits as an appellate court for appeals from certain state agencies, such as the Department of Labor, as well as the CCP. Appeals from the Superior Court are filed to the Supreme Court of the State of Delaware. 2 4. Family Court The Family Court has limited, statutory jurisdiction. The Family Court hears domestic cases, including divorce proceedings, Protection From Abuse petitions, and criminal cases involving juveniles.
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