The Supreme Court of Delaware is the sole appellate court in the United States state of Delaware. Because Delaware is a popular haven for corporations, the Court has developed a worldwide reputation as a respected source of corporate law decisions, particularly in the area of mergers and acquisitions. An appellate court is a court that hears cases in which a lower court -- either a trial court or a lower-level appellate court — has already made some decision, which at least one party to the action wants to challenge based upon some legal grounds that are allowed to be... Jump to: navigation, search State nickname: The First State Other U.S. States Capital Dover Largest city Wilmington Governor Ruth Ann Minner (D) Senators Joe Biden (D) Thomas Carper (D) Official languages None Area 6,452 km² (49th)  - Land 5,068 km²  - Water 1,387 km² (21. ... A Delaware corporation is a corporation chartered in the state of Delaware in the United States. ... Corporations law or corporate law is the law concerning the creation and regulation of corporations. ... Jump to: navigation, search The phrase mergers and acquisitions or M&A refers to the aspect of corporate finance strategy and management dealing with the merging and acquiring of different companies as well as other assets. ...

Seal of the Supreme Court of Delaware

Jurisdiction

The Supreme Court has appellate jurisdiction over direct appeals from the Superior Court, Family Court, and Court of Chancery. Because it is the only appellate court in the state, its jurisdiction over appeals from final orders is mandatory. However, it has discretionary jurisdiction over appeals from interlocutory orders.

The Court has original jurisdiction over writs of mandamus, prohibition, and certiorari. In addition, the Court regulates and has exclusive jurisdiction over matters concerning the admission and discipline of lawyers, the Lawyers' Fund for Client Protection, continuing legal education requirements, and the unauthorized practice of law. A writ of mandamus or simply mandamus, which means we order in Latin, is the name of one of the prerogative writs and is a court order directing someone, most frequently a government official, to perform a specified act. ... Jump to: navigation, search Prohibition agents destroying barrels of alcohol. ... Certiorari is a legal term in Roman, English and American law referring to a type of writ seeking judicial review. ...

Constitutionally, the Chief Justice is the chief administrative officer of the entire Delaware judicial system, and has the responsibility for securing funding for the courts from the Delaware General Assembly.

Procedure

Motions

Motions are normally handled in chambers by a motions justice. Arguments on motions are uncommon.

Oral argument

While the Court's appellate jurisdiction is mandatory, it is not required to hear oral argument. Approximately 60-75% of its decisions are rendered on briefs. If a case involves a novel question of law or the justices desire clarification, oral argument is called. Each attorney in oral argument is given 20 minutes to present its side, except for capital cases, in which each side is given 30 minutes.

Arguments are normally held each Tuesday beginning at 10:00 a.m. in Dover, the state capital. Occasionally, the Court will hear arguments in special locations, such as the Widener University School of Law. The Court has a courtroom in Wilmington, but it is rarely used. Tuesday is considered either the second or the third day of the week, between Monday and Wednesday. ... Location in Delaware Founded  -Incorporated 1683 1717  County Kent County Mayor Stephen R. Speed Area  - Total  - Water 58. ... Jump to: navigation, search Motto: A Place To Be Somebody Founded Incorporated 1638 1832  County New Castle County Mayor James M. Baker (Dem) Area  - Total  - Water 44. ...

History

The Court, in its current form, was established by means of a constitutional amendment in 1951. Before that, the Court had operated under the Delaware Constitution of 1897 as unique "leftover-judge" system, wherein appeals were heard by a panel of three judges from either the Superior Court or the Court of Chancery who were not involved in the matter on appeal. In 1978, the Court's size was expanded from three to its current complement of five. Prior to 1897, Delaware's highest court was the Court of Errors and Appeals, which operated under a similar "leftover-judge" system. For a list of methods of amendment, see List of methods of constitutional amendment. ... Jump to: navigation, search 1897 was a common year starting on Friday (see link for calendar). ...

Notable cases

• Smith v. Van Gorkum (1985): Created the modern doctrine of the business judgment rule, such that a Delaware court will not second-guess the decisions of a board of directors absent a breach of fiduciary duty, bad faith, or lack of any rational basis for the decisions.

• Revlon v. McAndrews & Forbes Holdings, Inc. (1986): If a company is the target of an acquisition, the board of directors may engage in actions which enhance the value of the company's sale, but may not diminish its value.

• Mills Acquisition Co. v. Macmillan, Inc. (1989): A board of directors may refuse a takeover attempt without submitting the matter to a vote of shareholders.

• Paramount v. QVC (1993): If a board of directors is about to consider selling, dissolving, or transferring control of a corporation, they are prohibited from considering non-shareholder interests and have a duty to maximize shareholder value.

• John Doe No. 1 v. Cahill (2005): An anonymous blogger's IP address will not be revealed via a subpoena directed to his or her internet service provider in a defamation suit, unless the plaintiff has alleged facts sufficient to overcome summary judgment. This decision has the practical effect of prohibiting SLAPP suits or similar litigation designed to quell dissent or unpopular comment. Cahill was the first suit of its kind in the nation; amicus curiae briefs were filed on behalf of the anonymous blogger by the American Civil Liberties Union and the Electronic Frontier Foundation.[1]

Jump to: navigation, search 1985 is a common year starting on Tuesday of the Gregorian calendar. ... The business judgment rule is a case law-derived concept in Corporations law whereby a court will refuse to review the actions of a corporations Board of Directors in managing the corporation unless (1) there is some allegation of conduct that violates the corporate Duty of Care or Duty... A board of directors is a group of individuals chosen by the stockholders of a company to promote their interests through the governance of the company. ... Jump to: navigation, search 1986 is a common year starting on Wednesday of the Gregorian calendar. ... Jump to: navigation, search 1989 is a common year starting on Sunday of the Gregorian calendar. ... 1993 is a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ... Jump to: navigation, search 2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ... Jump to: navigation, search Blogger is a service created by Pyra Labs that provides Web-based tools used by individuals to publish to the Web. ... Jump to: navigation, search It has been suggested that Static_IP_address be merged into this article or section. ... A subpoena (pronounced suh-pee-nuh) is a writ commanding a person to appear under penalty (from Latin). ... An Internet service provider (ISP) is a business or organization that offers users access to the Internet and related services. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ... Summary judgment in U.S. legal practice is a judgment awarded by the court prior to trial, based upon the courts finding that: (1) there are no issues of material fact requiring a trial for their resolution, and (2) in applying the law to the undisputed facts, one party... Strategic lawsuits against public participation, (SLAPP) refers to litigation filed by a large corporation (or in some cases, a wealthy individual) to silence a less powerful critic by so severely burdening them with the cost of a legal defense that they abandon their criticism. ... A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ... Definition and Explanation: Amicus curiæ (Latin for friend of the court; plural amici curiæ) briefs are legal documents filed by non-litigants in appellate court cases, which include additional information or arguments that those outside parties wish to have considered in that particular case. ... Jump to: navigation, search The American Civil Liberties Union, or ACLU, is a non-governmental organization whose stated goal is to defend and preserve the individual rights and liberties guaranteed to every person . ... Jump to: navigation, search The EFF uses the blue ribbon as symbolism for their Free Speech defense. ...

Judicial officers

• Myron T. Steele, Chief Justice
• Randy M. Holland, Justice
• Carolyn Berger, Justice
• Jack B. Jacobs, Justice
• Henry du Pont Ridgely, Justice

Links

• Supreme Court of Delaware
• Widener University School of Law - Corporate Law Clearinghouse
• Supreme Court Internal Operating Procedures