Circuit court

Last updated

Circuit courts are court systems in several common law jurisdictions. [1] It may refer to:

Contents

History

Origin in England

The term "circuit court" is derived from the English custom of itinerant courts whose judges periodically travelled on pre-set paths - or circuits - to hear cases from different areas.

Establishment

The first formal circuits were defined in 1293, when a statute was enacted which established four assize circuits. [2]

It was long assumed that these circuits originated with the eyre in common pleas during the reign of Henry II, but during the late 1950s, legal historians such as Ralph Pugh recognized that the eyre's "connection with later circuit justices is rather collateral than lineal", [3] and the eyre was merely one of a number of experiments in "systematized itinerant justice" undertaken by the English crown during the late 12th century and the 13th century. [3]

Development

The development of the assize circuits was interrupted in 1305 by the appointment of justices of trailbaston by King Edward I. [4] Under King Edward III, two statutes were enacted in 1328 and 1330 which restored the assize circuits and reorganized the counties of England into six circuits where assizes were supposed to be held thrice yearly (but were more often held twice each year). [5]

By 1337, the six assize circuits had stabilized: [5]

CircuitCounties
Home Essex, Hertfordshire, Kent, Middlesex, Surrey, Sussex
Midland Derbyshire, Leicestershire, Lincolnshire, Nottinghamshire, Northamptonshire, Rutland, Warwickshire
Norfolk Bedfordshire, Buckinghamshire, Cambridgeshire, Huntingdonshire, Norfolk, Suffolk
Oxford Gloucestershire, Herefordshire, Shropshire, Staffordshire, Worcestershire
Northern Cumberland, Lancashire, Northumberland, Westmorland, Yorkshire
Western Berkshire, Cornwall, Devon, Dorset, Hampshire, Oxfordshire, Somerset, Wiltshire

During the 1500s, two major changes occurred. Middlesex was removed from the Home Circuit and grouped with the adjacent City of London (which was never part of the circuits), and Oxfordshire and Berkshire were transferred from the Western Circuit to the Oxford Circuit. [6] The Welsh county of Monmouthshire was also transferred into the Oxford Circuit. [6]

After that, the circuits of England remained largely static for almost four centuries, until they were again reorganized during the 19th century. [6] Twice each year, judges "literally rode each circuit," meaning that a pair of common law judges assigned to a circuit rode on horseback through all the county towns and several other important towns in each circuit and heard cases. [6]

Origin in North America

On the American frontier, a judge often travelled on horseback along with a group of lawyers. Abraham Lincoln was one such attorney who regularly rode the circuit in Illinois, along with Circuit Judge David Davis. [7] In more settled areas, a stagecoach would be used. Eventually, the legal caseload in a county would become great enough to warrant the establishment of a local judiciary.

Most of these local judicial circuits (that is, in terms of the actual routes travelled by judges) have been thus replaced by judges regularly stationed at local courthouses, but in many areas, the legacy term remains in use.[ citation needed ]

England and Wales

Map of the geographic boundaries of the circuits of England and Wales. EW Circuits.png
Map of the geographic boundaries of the circuits of England and Wales.

England and Wales is divided into six circuits for the purposes of the administration of justice: [8] the Midland Circuit, North Eastern Circuit, Northern Circuit, South Eastern Circuit, Western Circuit, and the Wales and Chester Circuit.

The system is overseen by the Lord Chancellor. The membership consists of High Court Judges, Circuit Judges, District Judges, law practitioners and academic lawyers. The Circuits also form the basis for administration of the Bar in England and Wales except for Cheshire.

Until 2007 for court administration purposes it formed part of the Wales and Chester Circuit. When in 2007 it became part of the Northern Circuit for court administrative purposes post devolution, the "Wales and Chester Circuit" continued to be the Circuit Bar.

The Circuit Bars are represented on the Bar Council through the Circuit Leaders. [8]

Republic of Ireland

In the Republic of Ireland the Circuit Court is part of the Courts of First Instance, senior to the District Court but junior to the High Court (Ireland). It was first established as the Circuit Court of Justice under the Courts of Justice Act 1924 and replaced the County Court on the civil side, and quarter sessions and recorder's courts on the criminal side, as well as some of the jurisdiction of the assizes. These are heard by a judge sitting alone. It also has jurisdiction to hear appeals from the District Court. Appeals from the court lie to the High Court on the civil side and the Court of Criminal Appeal on the criminal side.

The Circuit Court is so-called because of the circuits on which its judges travel, namely Dublin, Cork, Northern, Western, Eastern, South Western, South Eastern, and Midland, each of which are composed of a number of counties. The court consist of a President and thirty-seven judges. Although there is strictly speaking just one Circuit Court, a sitting of the Circuit Court in any particular location is referred to as name of town Circuit Court, e.g. Trim Circuit Court.

The High Court also sits "on circuit" twice yearly, though this is called the High Court on Circuit rather than a circuit court. In this case, "on circuit" means sitting in a location other than Dublin.

United States

Federal courts of appeals

Map of the geographic boundaries of the circuit courts, the appeal courts directly under the Supreme Court. Cases appeal from a District Court to an Appeals Court located within a specific circuit. From there, cases may appeal to the Supreme Court. US Court of Appeals and District Court map.svg
Map of the geographic boundaries of the circuit courts, the appeal courts directly under the Supreme Court. Cases appeal from a District Court to an Appeals Court located within a specific circuit. From there, cases may appeal to the Supreme Court.

In the United States, circuit courts were first established in the Thirteen British Colonies. In 1789, the United States circuit courts were United States federal courts established in each federal judicial district. These circuit courts exercised both original (first instance) and appellate jurisdiction. They existed until 1912. The original jurisdiction formerly exercised by the United States circuit courts is now exercised by the United States district courts. Their appellate jurisdiction is now exercised by the United States courts of appeals, which were known as the United States circuit courts of appeals from their establishment in 1894 until 1947.

The federal courts of appeals sit permanently in 13 appellate circuits (11 regional circuits as well as a DC Circuit and the Federal Circuit). There are several other federal courts that bear the phrase "Court of Appeals" in their names, but they are not Article III courts and are not considered to sit in appellate circuits.

The federal courts of appeals are intermediate courts, between the district courts (the federal trial courts) and the Supreme Court. Smaller circuits, such as the Second Circuit and Third Circuit, are based at a single federal courthouse, while others, such as the large Ninth Circuit, are spread across many courthouses. Since three-judge federal appellate panels are randomly selected from all sitting circuit judges, Ninth Circuit judges must often "ride the circuit," though this duty has become much easier to carry out since the development of modern air travel.

Supreme Court of the United States

Under the original Judiciary Act of 1789 and subsequent acts, the justices of the Supreme Court of the United States in Washington, D.C. had the responsibility of "riding circuit" and personally hearing both appeals and trials in the circuit courts, in addition to their caseload back in the capital. This duty was reasonable when the United States consisted of the original Thirteen Colonies along the East Coast of the United States, but became increasingly onerous and impractical with the country's rapid westward expansion during the 19th century, and was repealed by Congress with the enacting of the Judiciary Act of 1891. The U.S. Supreme Court justices still retain vestiges of the days of riding circuit; each justice is designated to hear certain interlocutory appeals from specific circuits and can unilaterally decide them or refer them to the entire court. The court's customary summer recess originated as the time during which the justices would leave Washington and ride circuit (since dirt roads were more passable in the summer).

State courts

Many U.S. states have state courts called "circuit courts." Most are trial courts of general, original jurisdiction.

In Louisiana, the intermediate appellate courts are called the Louisiana Circuit Courts of Appeal. There are five separate judicial circuits.

In many states, such as Missouri, a judicial circuit can encompass one or more counties (see Missouri Circuit Courts). Each circuit court can have several divisions, including circuit, associate, small claims, probate, family, or drug court. Each division hears cases within its particular area of subject-matter jurisdiction, and jurisdiction is based on the size or type of a civil claim or the severity or type of a criminal charge. Drug court, for example, hears only drug-related criminal cases.

Several U.S. states have state supreme courts that traditionally "ride the circuit" in the sense of hearing oral arguments at multiple locations throughout their jurisdictions each year. Among the states with circuit-riding supreme courts are Alaska, California, Idaho, Oregon, Pennsylvania, Tennessee, and Washington.

Canada

Courts serving certain areas particularly in Northern Canada, such as the Nunavut Court of Justice and courts serving northern Quebec, travel as circuit courts to hear cases in remote communities.

Australia

Courts serving remote areas in the Northern Territory are known as circuit courts, sometimes referred to as "bush courts". [10]

See also

Related Research Articles

In the United States, a state supreme court is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts.

In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. 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 handle different types of cases. States often provide their trial courts with general jurisdiction and state trial courts regularly have concurrent jurisdiction with federal courts. Federal courts are courts of limited jurisdiction and their subject-matter jurisdiction arises only under federal law.

<span class="mw-page-title-main">United States courts of appeals</span> Post-1891 U.S. appellate circuit courts

The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. They hear appeals of cases from the United States district courts and some U.S. administrative agencies, and their decisions can be appealed to the Supreme Court of the United States. The courts of appeals are divided into 13 "Circuits". Eleven of the circuits are numbered "First" through "Eleventh" and cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders. The District of Columbia Circuit covers only Washington, DC. The Federal Circuit hears appeals from federal courts across the United States in cases involving certain specialized areas of law.

A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the high sheriff of each county.

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.

In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction, which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts. For courts of general jurisdiction in civil law system, see ordinary court.

<span class="mw-page-title-main">Supreme Court of Maryland</span> Highest court in the U.S. state of Maryland

The Supreme Court of Maryland is the highest court of the U.S. state of Maryland. The court, which is composed of one chief justice and six associate justices, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis. The term of the Court begins the second Monday of September. The Court is unique among American courts in that the justices wear red robes.

<span class="mw-page-title-main">United States Court of Appeals for the Federal Circuit</span> Current United States federal appellate court

The United States Court of Appeals for the Federal Circuit is one of the 13 United States courts of appeals. It has special appellate jurisdiction over certain categories of specialized cases in the U.S. federal court system. Specifically, it has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademark registrations, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other types of cases. The Federal Circuit has no jurisdiction over criminal, bankruptcy, immigration, or U.S. state law cases. It is headquartered at the Howard T. Markey National Courts Building in Washington, DC.

The United States circuit courts were the intermediate level courts of the United States federal court system from 1789 until 1912. They were established by the Judiciary Act of 1789, and had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate jurisdiction over the United States district courts. The Judiciary Act of 1891 transferred their appellate jurisdiction to the newly created United States circuit courts of appeals, which are now known as the United States courts of appeals. On January 1, 1912, the effective date of the Judicial Code of 1911, the circuit courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. district courts.

The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals.

The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. Its decisions are binding on all other Alaska state courts, and the only court its decisions may be appealed to is the Supreme Court of the United States. The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system.

The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.

The Judiciary Act of 1891, also known as the Circuit Court of Appeals Act of 1891, or the Evarts Act after its primary sponsor, Senator William M. Evarts, created the United States courts of appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. Therefore, it is also called the Circuit Courts of Appeals Act.

<span class="mw-page-title-main">Supreme court</span> Highest court in a jurisdiction

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 binding on all other courts in a nation and 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. A Supreme Court can also, in certain circumstances, act as a court of original jurisdiction, however, this is typically limited to constitutional law.

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.

<span class="mw-page-title-main">Judiciary of Jamaica</span>

The judiciary of Jamaica is based on the judiciary of the United Kingdom. The courts are organized at four levels, with additional provision for appeal to the Judicial Committee of the Privy Council in London. The Court of Appeal is the highest appellate court. The Supreme Court has unlimited jurisdiction in all cases, and sits as the Circuit Court to try criminal cases. The Parish Court in each parish hears both criminal and civil cases, excluding grave offences. The Petty Sessions are held under Justices of the Peace, with power to hear minor crimes.

<span class="mw-page-title-main">Assizes</span> Periodic courts held around England and Wales until replaced by the Crown Court in 1972

The assizes, or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes exercised both civil and criminal jurisdiction, though most of their work was on the criminal side. The assizes heard the most serious cases, most notably those subject to capital punishment or, later, life imprisonment. Other serious cases were dealt with by the quarter sessions, while the more minor offences were dealt with summarily by justices of the peace in petty sessions.

United States v. More, 7 U.S. 159 (1805), was a United States Supreme Court case in which the Court held that it had no jurisdiction to hear appeals from criminal cases in the circuit courts by writs of error. Relying on the Exceptions Clause, More held that Congress's enumerated grants of appellate jurisdiction to the Court operated as an exercise of Congress's power to eliminate all other forms of appellate jurisdiction.

<span class="mw-page-title-main">Judiciary of Belgium</span> Court system overview

The judiciary of Belgium is similar to the French judiciary. Belgium evolved from a unitary to a federal state, but its judicial system has not been adapted to a federal system.

<span class="mw-page-title-main">Circuits of England and Wales</span> Judicial areas in England and Wales

Circuits are the highest-level administrative divisions of the Bar of England and Wales and His Majesty's Courts and Tribunals Service. Today, they serve as professional associations for barristers practicing within their areas, as well as administrative divisions for the purposes of administration of justice.

References

  1. ↑ Chisholm, Hugh, ed. (1911). "Circuit"  . Encyclopædia Britannica . Vol. 6 (11th ed.). Cambridge University Press. pp. 387–389.
  2. ↑ Cockburn, J.S. (1972). A History of English Assizes, 1558-1714. Cambridge: Cambridge University Press. p. 17. ISBN   9780521084499.
  3. 1 2 Cockburn, J.S. (1972). A History of English Assizes, 1558-1714. Cambridge: Cambridge University Press. p. 16. ISBN   9780521084499.
  4. ↑ Cockburn, J.S. (1972). A History of English Assizes, 1558-1714. Cambridge: Cambridge University Press. p. 18. ISBN   9780521084499.
  5. 1 2 Cockburn, J.S. (1972). A History of English Assizes, 1558-1714. Cambridge: Cambridge University Press. p. 19. ISBN   9780521084499.
  6. 1 2 3 4 Cockburn, J.S. (1972). A History of English Assizes, 1558-1714. Cambridge: Cambridge University Press. p. 23. ISBN   9780521084499.
  7. ↑ Fraker, Guy C. (2011). Lincoln's Ladder to the Presidency: The Eighth Judicial Circuit. Carbondale: Southern Illinois University Press. pp. 1–3. ISBN   9780809332021.
  8. 1 2 Circuits Archived 2007-06-29 at the Wayback Machine by the Bar Council of England and Wales
  9. ↑ "Court Website Links".
  10. ↑ Bennett, Paul (2013). Specialist courts for sentencing Aboriginal offenders in Australia (PDF) (Master of Laws). Flinders University. p. xv. Retrieved 25 July 2022.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.