Court

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A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Microcosm of London (1808-11) Microcosm of London Plate 058 - Old Bailey edited.jpg
A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Microcosm of London (1808–11)
The International Court of Justice Grand Hall de Justice de Palais de La Paix a La Haye Pays-Bas.jpg
The International Court of Justice

A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law.

Contents

Courts generally consist of judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument.

The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions or petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals.

Description

A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. [1] In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.

The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities.

The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō, from iūris, "of the law", + dīcō, "to declare", + -tiō, noun-forming suffix), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone's Commentaries on the Laws of England, a court (for civil wrongs) is constituted by a minimum of three parties: the āctor or plaintiff, who complains of an injury done; the reus or defendant, who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply a legal remedy. It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, [2] though, often, courts consist of additional barristers, bailiffs, reporters, and perhaps a jury.

Etymology

The building of the Supreme Court of Estonia in Tartu Riigikohus.jpg
The building of the Supreme Court of Estonia in Tartu

The word court comes from the French cour, an enclosed yard, which derives from the Latin form cōrtem, the accusative case of cohors, which again means an enclosed yard or the occupants of such a yard. The English word court is thus a descendant of the Latin word hortus from Ancient Greek χόρτος (khórtos) (meaning "garden", hence horticulture and orchard), both referring to an enclosed space. [3]

The meaning of a judicial assembly is first attested in the 12th century, and derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard. The verb "to court", meaning to win favor, derives from the same source since people traveled to the sovereign's court to win his favor. [3] [4]

The term the court is used to refer to the presiding officer or officials, usually one or more judges. The judge or panel of judges may also be collectively referred to as "the bench" (in contrast to attorneys and barristers, collectively referred to as "the bar"). [5] In the United States, the legal authority of a court to take action is based on personal jurisdiction over the parties to the litigation and subject-matter jurisdiction over the claims asserted.

The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom , and the building as a courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities.

Jurisdiction

The Court House of Kavala, Greece Courthousekav.jpg
The Court House of Kavala, Greece

The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō, from iūris, "of the law", + dīcō, "to declare", + -tiō, noun-forming suffix), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone's Commentaries on the Laws of England, a court (for civil wrongs) is constituted by a minimum of three parties: the āctor or plaintiff, who complains of an injury done; the reus or defendant, who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply a legal remedy. It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, [2] though, often, courts consist of additional barristers, bailiffs, reporters, and perhaps a jury. Jurisdiction is defined as the official authority to make legal decisions and judgements over a person or material item within a territory. [6]

"Whether a given court has jurisdiction to preside over a given case" is a key question in any legal action. [7] Three basic components of jurisdiction are personal jurisdiction over an individual or thing (rēs), jurisdiction over the particular subject matter (subject-matter jurisdiction) and territorial jurisdiction. [7] Jurisdiction over a person refers to the full authority over a person regardless of where they live, jurisdiction over a particular subject matter refers to the authority over the said subject of legal cases involved in a case, and lastly territorial jurisdiction is the authority over a person within an x amount of space.

Other concepts of jurisdiction include general, exclusive, appellate, and (in the United States federal courts) diversity jurisdiction. [7]

Types and organization of courts

Courts may be organized into a hierarchy of courts and have specific jurisdiction and include specialized courts.

Trial and appellate courts

A courtroom of the Supreme Administrative Court of Finland Supreme Administrative Court of Finland 20180915 125125.jpg
A courtroom of the Supreme Administrative Court of Finland

Trial courts are courts that hold trials. Sometimes termed "courts of first instance", trial courts have varying original jurisdiction. Trial courts may conduct trials with juries as the finders of fact (these are known as jury trials) or trials in which judges act as both finders of fact and finders of law (in some jurisdictions these are known as bench trials). Juries are less common in court systems outside the Anglo-American common law tradition.

Appellate courts are courts that hear appeals of lower courts and trial courts.

Some courts, such as the Crown Court in England and Wales, may have both trial and appellate jurisdictions.

Civil law courts and common law courts

The two major legal traditions of the western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture, although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman law, specifically a civil body of law entitled Corpus Juris Civilis . [8] This theory of civil law was rediscovered around the end of the eleventh century and became a foundation for university legal education starting in Bologna, Italy and subsequently being taught throughout continental European universities. [8]

Civil law is firmly ensconced in the French and German legal systems. Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066. [9] The royal judges created a body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions. [9] This common standard of law became known as "Common Law". This legal tradition is practiced in the English and American legal systems. In most civil law jurisdictions, courts function under an inquisitorial system. In the common law system, most courts follow the adversarial system. Procedural law governs the rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law. In recent years, international courts are being created to resolve matters not covered by the jurisdiction of national courts. For example, the International Criminal Court, based in The Hague, in the Netherlands, or the Court of Permanent Lok Adalat (Public Utility Services), based in India.

International courts

A courtroom of the Permanent Court of Arbitration of the United Nations. Une des salles de reunion de la Cour permanente d'arbitrage.jpg
A courtroom of the Permanent Court of Arbitration of the United Nations.

List of types and organization of courts

Court television shows

Television show courts, which are often not part of the judicial system and are generally private arbitrators, are depicted within the court show genre; however, the courts depicted have been criticized as misrepresenting real-life courts of law and the true nature of the legal system. [10] [11] Notable court shows include:

See also

Related Research Articles

<span class="mw-page-title-main">Appellate court</span> Court of law that is empowered to hear an appeal

An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules.

<span class="mw-page-title-main">Common law</span> Law created by judicial precedent

Common law is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case.

Jury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law. They are an important procedural step in a trial by jury, and as such are a cornerstone of criminal process in many common law countries.

In the United States, a state court is a law court with 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.

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.

<span class="mw-page-title-main">Court of Cassation (France)</span> Highest judicial court in France

The Court of Cassation is the supreme court for civil and criminal cases in France. It is one of the country's four apex courts, along with the Council of State, the Constitutional Council and the Jurisdictional Disputes Tribunal.

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.

<span class="mw-page-title-main">Trial court</span> Type of court in which trials take place

A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review. Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law.

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">Tribunal</span> Person or institution with the authority to judge, adjudicate or determine claims or disputes

A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal". Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction. For instance, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes.

<span class="mw-page-title-main">Courts of Denmark</span> System of judiciary and courts in Kingdom of Denmark

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 is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.

<span class="mw-page-title-main">Judiciary of France</span> Overview of Frances court system

France's independent court system enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the ordinary or the administrative stream. Judicial appointments in the judicial stream must be approved by a special panel, the High Council of the Judiciary. Once appointed, career judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the council with due process.

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.

<span class="mw-page-title-main">Trial</span> Coming together of parties to a dispute, to present information in a tribunal

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.

<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, and court of final 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.

<span class="mw-page-title-main">Judiciary of Indonesia</span> Judicial system in Indonesia

The Judiciary of Indonesia constitutionally consists of the Supreme Court of Indonesia, the Constitutional Court of Indonesia, and the lesser court system under the Supreme Court. These lesser courts are categorically subdivided into the public courts, religious courts, state administrative courts, and military courts.

In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century.

<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">Law of Cyprus</span>

The law of Cyprus is a legal system which applies within the Republic of Cyprus. Although Cypriot law is extensively codified, it is still heavily based on English common law in the sense that the fundamental principle of precedent applies.

References

  1. Walker, David (1980). The Oxford Companion to Law . Oxford: Oxford University Press. p.  301. ISBN   0-19-866110-X.
  2. 1 2 "Blackstone's Commentaries on the Laws of England – Book the Third – Chapter the Third : Of Courts in General". Avalon Project. Retrieved 23 December 2017.
  3. 1 2 Harper, Douglas. "court (n.)". Online Etymology Dictionary. Retrieved 21 May 2015.
  4. "COUR : Etymologie de COUR". Cnrtl.fr. Retrieved 23 December 2017.
  5. See generally 28 U.S.C.   § 1: "The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices [ . . . ]" (italics added); 28 U.S.C.   § 43(b) : "Each court of appeals shall consist of the circuit judges of the circuit in regular active service." (italics added); 28 U.S.C.   § 132(b) (in part): "Each district court shall consist of the district judge or judges for the district in regular active service." (italics added); 28 U.S.C.   § 151 (in part): "In each judicial district, the bankruptcy judges in regular active service shall constitute a unit of the district court to be known as the bankruptcy court for that district [ . . . ]" (italics added).
  6. "Jurisdiction". Civil Procedure. Retrieved 23 December 2017.
  7. 1 2 3 Jurisdiction, Legal Information Institute, Cornell Law School.
  8. 1 2 von Mehren, Arthur T.; Murray, Peter L. (8 January 2007). Law in the United States. Cambridge University Press. ISBN   9781139462198 . Retrieved 21 May 2015.
  9. 1 2 Burnham, William (2006). Introduction to the Law and Legal System of the United States (4th ed.). St. Paul (Minn.): Thomson-West. ISBN   9780314158987.
  10. Neubauer, David W.; Meinhold, Stephen S. (13 January 2012). Judicial Process: Law, Courts, and Politics in the United States – David W. Neubauer, Stephen S. Meinhold. ISBN   978-1111357566 . Retrieved 24 June 2013.
  11. Wolfson, Andrew. "'Deadbeat' derided for mixing reality TV, court". The Courier-Journal. Retrieved 18 September 2024.