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Justice
Of The Peace
by
Monty Rainey, Junto Society
The
justice of the peace is the legal jurisdiction closest to the
average citizen. Most state constitutions provide that the
justice of the peace courts have original jurisdiction in
criminal matters of misdemeanor cases punishable by fine only and
such other jurisdiction as may be provided by law. Original
jurisdiction is the authority to accept a case at its inception,
try it and pass judgment based upon the laws and facts. This is
distinguished from appellate jurisdiction, which is jurisdiction
to review a court's action.
The
justice of the peace performs the functions of a magistrate and
conducts inquests.
A
justice of the peace may issue warrants for search and arrest,
which allows law enforcement officials rapid compliance to the
Forth Amendment of the United States, conduct preliminary
hearings, administers oaths, perform marriages and serve as a
coroner in counties where there is no provision for a medical
examiner. The justice court also functions as a small claims
court in civil matters in which exclusive jurisdiction is not in
district or county court and the amount in controversy does not
exceed $5,000. They can also deal with matters concerning
foreclosure of mortgages and enforcement of liens on personal
property.
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