Sunday, June 08, 2003

expanding chancery court

Delaware's Chancery Court is different from most courts in most states in the United States. Less than a handful of states have courts that only handle equity cases. Earlier this week, we posted a copy of the legislation that our Governor signed which adds cases involving disputes over $1 million in the technology industry, and to allow Chancery's judicial officers to act as mediators in disputes prior to the filing of a lawsuit.

Will this addition in jurisdiction help or harm the State? One difficulty I envision is defining what exactly a "technology" case may be. But, regardless of the difficulties of that determination, I'm guessing that this will work out well. If not for any other reason than the fact that Delaware's Chancellor and Vice-Chancellors fully deserve the fine reputation they possess.

Since there are no juries in a Chancery Court, many decisions of the Court will be issued in writing. As those begin to accumulate, a body of case law will develop. It will be interesting to see where that leads us. For more on the growing court, the local Wilmington News Journal is carrying a story called Jurisdiction, judges' power expanded.

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