Associate Justice

Last updated

Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state supreme courts, and for some other courts in Commonwealth countries, as well as for members of the Supreme Court of the Federated States of Micronesia, a former United States Trust Territory. [1] In other common law jurisdictions, the equivalent position is called "Puisne Justice".

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.

In the United States, a state supreme court is the ultimate judicial tribunal in the court system of a particular state. On matters of state law, the decisions of a state supreme court are considered final and binding on state and even United States federal courts.

In the United States, judicial panels are non-hierarchical, so an Associate Judge has the same responsibilities with respect to cases as the Chief Judge.

An Associate Judge usually has fewer or different administrative responsibilities than the Chief. On the Supreme Court of the United States, the most junior Associate Justice (currently Justice Neil Gorsuch), has the task of answering the door when the Justices are in private conference.[ citation needed ]

Neil Gorsuch Associate Justice of the Supreme Court of the United States

Neil McGill Gorsuch is an Associate Justice of the Supreme Court of the United States. He was nominated by President Donald Trump to succeed Antonin Scalia and took the oath of office on April 10, 2017.

There are eight Associate Justices on the United States Supreme Court, and three Associate Justices on the Supreme Court of the Federated States of Micronesia. [2]

The function of Associate Justices vary depending on the Court they preside in. In New South Wales Associate Justices of the New South Wales Supreme Court hear civil trials and appeals from lower courts amongst other matters [3] . Associate Justices can sit either as a single judge or may sit on the New South Wales Court of Appeal. [4] . In New Zealand Associate Judges of the High Court of New Zealand supervise preliminary processes in most civil proceedings. Associate Judges have jurisdiction to deal with such matters as: summary judgment applications, company liquidations, bankruptcy proceedings, and some other types of civil proceedings. [5] In the New Zealand legal system, Associate Judges were formerly known as Masters.

New South Wales State of Australia

New South Wales is a state on the east coast of Australia. It borders Queensland to the north, Victoria to the south, and South Australia to the west. Its coast borders the Tasman Sea to the east. The Australian Capital Territory is an enclave within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. In March 2018, the population of New South Wales was over 7.9 million, making it Australia's most populous state. Just under two-thirds of the state's population, 5.1 million, live in the Greater Sydney area. Inhabitants of New South Wales are referred to as New South Welshmen.

New South Wales Court of Appeal

The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales.

New Zealand Constitutional monarchy in Oceania

New Zealand is a sovereign island country in the southwestern Pacific Ocean. The country geographically comprises two main landmasses—the North Island, and the South Island —and around 600 smaller islands. New Zealand is situated some 2,000 kilometres (1,200 mi) east of Australia across the Tasman Sea and roughly 1,000 kilometres (600 mi) south of the Pacific island areas of New Caledonia, Fiji, and Tonga. Because of its remoteness, it was one of the last lands to be settled by humans. During its long period of isolation, New Zealand developed a distinct biodiversity of animal, fungal, and plant life. The country's varied topography and its sharp mountain peaks, such as the Southern Alps, owe much to the tectonic uplift of land and volcanic eruptions. New Zealand's capital city is Wellington, while its most populous city is Auckland.

See also

Related Research Articles

Judge official who presides over court proceedings

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and, typically, in an open court. The judge hears all the witnesses and any other evidence presented by the barristers of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate.

Court dress comprises the style of clothes prescribed for courts of law, and for royal courts.

The chief justice is the presiding member of a supreme court in any of many countries with a justice system based on English common law, such as the Supreme Court of Bangladesh, the Supreme Court of Canada, the Supreme Court of Singapore, the Court of Final Appeal of Hong Kong, the Supreme Court of Japan, the Supreme Court of India, the Supreme Court of Pakistan, the Supreme Court of Nigeria, the Supreme Court of Nepal, the Constitutional Court of South Africa, the Supreme Court of Ireland, the Supreme Court of New Zealand, the High Court of Australia, the Supreme Court of the United States, and provincial or state supreme courts/high courts.

United States Court of Appeals for the First Circuit

The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:

Chapter 9: Judiciary.Chapter 9 of the 1997 Constitution of Fiji is titled Judiciary. It is divided into twenty-two sections, setting out the composition and functions of the Judicial branch of the Fijian government.

Circuit courts are court systems in several common law jurisdictions. The core concept of circuit courts requires judges to travel to different locales to ensure wide visibility and understanding of cases in a region. More generally, some modern circuit courts may also refer to a court that merely holds trials for cases of multiple locations in some rotation.

District court category of courts

District courts are a category of courts which exists in several nations. These include:

A puisne judge or puisne justice is a dated term for an ordinary judge or a judge of lesser rank of a particular court. Puisne is a homophone of puny as well as that word's root, meaning weak or inferior in size. The spoken form holds a negative connotation, and it has been of scarce use outside of the judiciary themselves since the middle of the 20th century.

Supreme Court of New South Wales superior court of New South Wales, Australia

The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia.

Supreme Court of Tasmania

The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, with both an appellate jurisdiction over lower courts, and decisions made by Court to be heard on appeal by the High Court of Australia.

High Court of New Zealand

The High Court of New Zealand is a superior court established in 1841. It was originally called the 'Supreme Court of New Zealand', but was renamed in 1980 to make way for the naming of a new Supreme Court of New Zealand, which first met in 2004.

The supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and highcourt of appeal. 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.

Supreme Court of Palau

The Supreme Court of Palau is the highest court of Palau. Article X of the Constitution vests the Supreme Court with judicial power and provides for its operation and jurisdiction. The Supreme Court is divided into a Trial Division and an Appellate Division. Cases are adjudicated by a single justice in the Trial Division and appeals are heard by panels of three different justices in the Appellate Division. The Trial Division of the Supreme Court has jurisdiction over all civil matters over $10,000 and criminal matters not assigned to the Court of Common Pleas and adjudication of land interests. The Supreme Court also handles disciplinary and other special proceedings. The Supreme Court comprises a Chief Justice, Arthur Ngiraklsong, and three Associate Justices, Kathleen M. Salii, M. Lourdes Materne, and R. Ashby Pate. Other judges are invited to sit on an as-needed basis as Associate Justices Pro Tem or Part-Time Associate Justices.

Federal Court of Malaysia Highest court of appeals in Malaysia

The Federal Court of Malaysia is the highest court and the final appellate court in Malaysia. It is housed in the Palace of Justice in Putrajaya. The court was established during Malaya's independence in 1957 and received its current name in 1994.

The Government of Guam (GovGuam) is a presidential representative democratic system, whereby the President is the head of state and the Governor is head of government, and of a multi-party system. Guam is an organized, unincorporated territory of the United States with policy relations between Guam and the US under the jurisdiction of the Office of Insular Affairs.

High Court of Justice one of the Senior Courts of England and Wales

The High Court of Justice in England is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

Supreme Court of Mauritius

The Supreme Court of Mauritius is the highest court of Mauritius and is the final court of appeal in the Mauritian judicial system. It was established in its current form in 1850, replacing the Cour d'Appel established in 1808 during the French administration and has a permanent seat in Port Louis. There is a right of appeal from the Supreme Court of Mauritius directly to the Judicial Committee of the Privy Council in London.

Judiciary of Kenya

The Judiciary of Kenya is the system of courts that interprets and applies the law in Kenya. After the promulgation of the constitution of Kenya 2010 the general public through parliament sought to reform the judiciary. Parliament passed the Magistrates and Judges vetting act of 2011. A major part of reforming the judiciary was the vetting of Magistrates and Judges in an attempt to weed out unsuitable ones. The Judicature Act has also been amended to raise the minimum number of magistrate and Judges allowing more judicial officers to be hired. More magistrates and judges are needed to clear the backlog of cases that have caused great delay in the conclusion of cases and to staff new courts. New courts are needed to bring the courts closer to the people which is in line with devolution a major principle written into the Constitution of 2010. New courts like the High Court opened in Garissa in November 2014 is a good example. In the past residents of North Eastern Kenya had to go all the way to Embu to access a High Court.

The Supreme Court of the Federated States of Micronesia is the highest court in the Federated States of Micronesia. It was established by Article XI of the Constitution of the Federated States of Micronesia. It has both a trial division and an appellate division. The appellate division can hear both appeals from state courts and from the trial division: justices serve in both the trial division and the appellate division of the court, but cannot sit on an appeal of their own decision.

References

  1. "The Federated States of Micronesia Mourns the loss of one of its Founding Fathers: Chief Justice Andon Amaraich", Government of the F.S. Micronesia, January 28, 2010
  2. "THE SUPREME COURT OF THE FEDERATED STATES OF MICRONESIA", official Legal Information Service
  3. Supreme Court Act 1970 (NSW) s 118.
  4. Supreme Court Act 1970 (NSW) s 117A
  5. "New Zealand High Court". Archived from the original on 2006-10-03. Retrieved 2006-09-01.