In some jurisdictions, an assessor is a judge's or magistrate's assistant. This is the historical meaning of this word.
In common law jurisdictions, assessors are usually non-lawyers who sit together with a judge to provide either expert advice (such as on maritime matters) or guidance on local practices. The use of assessors nowadays is quite rare. In some jurisdictions, such as Fiji, assessors are used in place of juries. An assessor's opinion or view of a case is not binding on a judge.
The term "assessor" is also very generally applied to persons appointed to ascertain and fix the value of rates and taxes, and in this sense the word is used in the United States (see Assessor (property)). [1]
In France and in all European countries where the civil law system prevails, the term assesseur is applied to those assistant judges who, with a president, compose a judicial court. [1]
In Denmark, it was the former title given to Supreme Court judges. Today the title is given to Deputy Judges. See Courts of Denmark.
In Germany, Rechtsassessor ("assessor of law") is a title held by graduates of law who have passed both the first and the second of the two state exams (finishing law school and a two-year legal clerkship) qualifying for a career in a legal profession such as judge or prosecutor, attorney at law or civil-law notary. [2]
In Italy, an assessor (in Italian: assessore) is a member of a Giunta, the executive body in all levels of local government: regions, provinces and communes.
In Norway, the title was used for any judge before 1927. [3]
In Sweden, a judge who has been a district court clerk for two years, an appeal court clerk for at least one year, a deputy district judge for at least two years and a deputy appeal court judge for one year gets, if he or she is approved, the title assessor. Hovrättsassessor = assessor of the civil and criminal appeal court. Kammarrättsassessor = assessor of the administrative appeal court. Having the degree of assessor is the most common way of getting a constitutionally protected position as a judge (ordinarie domare), but increasingly advocates, prosecutors and doctors of law are also appointed to these positions.
In the former Soviet Union, a judge presiding at trial is assisted by two "people's assessors" drawn much like jurors from citizens in the community. They do not rule on matters of law but can allow or deny objections. When the trial is completed the judge and people's assessors decide on a verdict.
In People's Republic of China, "people's assessors" can form judicial panel together with professional judges to try cases. People's assessors are selected from the residents within the court's jurisdiction. Besides a single judge, judicial panels can consists of one judge and two assessors or three judges and four assessors to try cases. The people's assessors mostly enjoy the same rights as professional judges, but they should only vote on the findings of the fact, not on the matter of law.
In the Polish–Lithuanian Commonwealth, assessors were also members of the judiciary, sitting on the so-called chancellor courts or assessor's courts.
Serious criminal trials are conducted by a judge sitting with four lay assessors. [4]
S.53 of the High Court Ordinance provides that a judge in the Court of First Instance may sit with one or more assessor who holds special qualifications. It is not normal practice for the court to sit with assessors. [5]
In serious criminal cases (such as murder) appearing before the High Court, two assessors may be appointed to assist the judge. Assessors are usually advocates or retired magistrates. They sit with the judge during the court case and listen to all the evidence presented to the court. At the end of the court case they give the judge their opinion. The judge does not have to listen to the assessors' opinions but it usually helps the judge to make a decision. The assessors may also only make decisions on facts, not on the law, which is solely the authority of the judge. [6]
Nautical assessors are experts in maritime matters who may assist the court in cases where their special knowledge is relevant. In the law of England and Wales, this usually happens in the Admiralty Court (part of the High Court of Justice), or on appeal to higher courts including the Supreme Court. [7] The number of assessors used will depend on the complexity of the matter at hand, and their presence generally substitutes for the use of expert witnesses by the litigants. Nautical assessors are almost always Elder Brethren of Trinity House. In Scotland, nautical assessors are similarly used in cases before the Court of Session.
In principle, other courts may appoint expert assessors. This happens most commonly for dealing with disputes over costs, when a judge may choose to sit together with a "costs judge" who will have special expertise. In cases before the Senior Courts, there is a dedicated office, the Senior Courts Cost Office, housing such judges; at the district level, certain District Judges are the designated costs judges for their areas. Specific rules for the appointment of assessors exist for discrimination cases under the Equality Act 2010, for landlord and tenant disputes before a county court, and so on.
Some courts and tribunals use "legal assessors", when the person leading the court is not themselves trained in the law. This may happen in cases before panels of the General Medical Council, a Justice of the peace court in Scotland, and other similar bodies.
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. In an adversarial system the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court.
In the United States, a state court is a law court established by a U.S. state that has jurisdiction over disputes with some connection to that state. State's generally provide courts of broad, plenary and general jurisdiction, subject to appeals. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and generally handle cases under federal law, as distinguished from state law.
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than before the development of nation states. They were experts in interpreting canon law, a basis of which was the Corpus Juris Civilis of Justinian, which is considered the source of the civil law legal tradition.
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The Courts of Denmark is the ordinary court system of the Kingdom of Denmark. The Courts of Denmark as an organizational entity was created with the Police and Judiciary Reform Act taking effect 1 January 2007 which also significantly reformed the court system e.g. by removing original jurisdiction from the High Courts and by introducing a new jury system.
The court system of Canada forms the country's judiciary, formally known as "The King on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial.
The Superior Court of Justice is a superior court in Ontario. The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges.
Under the Constitution of Finland, everyone is entitled to have their case heard by a court or an authority appropriately and without undue delay. This is achieved through the judicial system of Finland.
The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
In law, a trial is a coming together of parties to a dispute, to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute.
The Court of Appeal of Singapore is the highest court in the judicial system of Singapore. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the chief justice, who is the president of the Court, and the judges of the Court of Appeal. The chief justice may ask judges of the High Court to sit as members of the Court of Appeal to hear particular cases. The seat of the Court of Appeal is the Supreme Court Building.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
The tribunals of first instance are the main trial courts in the judicial system of Belgium. The tribunals of first instance are courts of general jurisdiction; in the sense that they have original jurisdiction over all types of cases not explicitly attributed to other courts. They handle a wide range of civil cases, criminal cases, and cases under the scope of juvenile law and family law. They also hear appeals against the judgements of the police tribunals and justices of the peace. The judgements of the tribunals of first instance can be appealed to the courts of appeal in turn. There is a tribunal of first instance for each of the twelve judicial arrondissements ("districts") of Belgium, except for the arrondissement of Brussels. The arrondissement of Brussels has two tribunals of first instance, a Dutch-speaking one and a French-speaking one, due to the sensitive linguistical situation in the area. The territories of the current judicial arrondissements largely coincide with those of the provinces of Belgium. Most of the tribunals of first instance have multiple geographical divisions, with each having their own seat. As of 2020, the 13 tribunals of first instance have 27 seats in total. Further below, an overview is provided of all seats of the tribunals of first instance per arrondissement.
The court of assizes is the trial court which tries the most serious crimes in the judicial system of Belgium. It is the highest Belgian court with criminal jurisdiction; as such, it is the only Belgian court that can sentence someone to life imprisonment. The courts of assizes are not permanent courts; a new court of assizes is assembled for each new trial. There is a court of assizes in each of the ten provinces of Belgium, as well as one in the arrondissement of Brussels-Capital which is not part of any province. Further below, an overview is provided of the eleven courts of assizes and their seats. They are the only courts in Belgium for which the provinces are used as territorial subdivisions. They are also the only courts in Belgium that hold jury trials. The jury acts as sole trier of fact, but decides on the penalty together with the judges. The trial by jury of certain crimes is laid down in article 150 of the Belgian Constitution. The Belgian courts of assizes have the same origin as their French namesakes.
The judiciary of Austria is the system of courts, prosecution and correction of the Republic of Austria as well as the branch of government responsible for upholding the rule of law and administering justice. The judiciary is independent of the other two branches of government and is committed to guaranteeing fair trials and equality before the law. It has broad and effective powers of judicial review.
A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permanent officers. They attend proceedings about once a month, and often receive only nominal or "costs covered" pay. Lay judges are usually used when the country does not have juries. Lay judges may be randomly selected for a single trial, or politically appointed. In the latter case they may usually not be rejected by the prosecution, the defense, or the permanent judges. Lay judges are similar to magistrates of England and Wales, but magistrates sit about twice as often.
In 1964 Tanganyika and Zanzibar formed the United Republic of Tanzania. After the Treaty of the Union, the two countries continued to remain with their own legal systems including court structures. In the 1977 Constitution of the United Republic of Tanzania, the High Court of Tanganyika whose jurisdiction was and still is territoriality limited to Tanzania Mainland was called the High Court of Tanzania and the High Court of Zanzibar retained its original name. It is essential to note that the High Court of Tanzania only has territorial jurisdiction over legal issues arising in Tanzania Mainland and the High Court of Zanzibar has territorial jurisdiction over legal issues arising in Zanzibar.
The Royal Court is the principal and oldest court in Jersey, and exercises both criminal and civil jurisdiction. It can sit in a number of configurations, depending on the type of case and the powers to be exercised.
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