Law & Government

Delaware’s fourth and current constitution was adopted in 1897 (though it has been amended since then) and provides for executive, judicial and legislative bodies. The legislative body consists of a House of Representatives with 41 members and a Senate with 21 members. The executive branch is headed by the Governor of Delaware and the judicial branch provides for a hierarchy of courts with the state Supreme Court being the highest.

Political Parties

Delaware is not dominated by either major American political party but it now tends to vote Democratic in presidential elections, having done so in the last four contests. The Philadelphia suburbs of New Castle county vote Democratic, while the Dover and Sussex counties are mostly Republican.

The Court of Chancery

Because of the large number of major corporations chartered in Delaware, the courts in the state are generally regarded as more experienced in the application of corporate law than the courts of other U.S. states.

Disputes over the internal affairs of Delaware corporations are frequently filed in the Court of Chancery, which is one of the last separate courts of equity (as opposed to law) in any U.S. state, and renowned world-wide as a pre-eminent forum for corporate matters.

Because the Court of Chancery is a court of equity, there are no juries, and its cases are decided by the “judges” of the Court: one Chancellor and four Vice-Chancellors.

As the Court of Chancery cannot award money damages, Delaware’s Superior Court, the trial court of general jurisdiction, also hears and considers a large number of cases between corporations involving claims for money.

Other Courts

Due to the number of corporations which incorporate in the state, the Federal Bankruptcy Court in Delaware handles many high-profile insolvencies, and the United States district court for the District of Delaware considers many patent disputes between Delaware corporations.