District court

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Allegheny General District Court, Covington, Virginia. Covington, Va - Allegheny General District Court.jpg
Allegheny General District Court, Covington, Virginia.

District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These include:

Contents

Americas

United States

In the United States federal courts, the United States district courts are the general trial courts. The federal district courts have jurisdiction over federal questions (trials and cases interpreting the Constitution, Federal law, or which involve federal statutes or crimes) and diversity (cases otherwise subject to jurisdiction in a state trial court but which are between litigants of different states and/or countries). There are 89 federal districts in the 50 states. United States district courts also exist in Puerto Rico, the Virgin Islands, the District of Columbia, Guam, and the Northern Mariana Islands. In total, there are 94 U.S. district courts. Decisions from these courts are subject to review by one of the 13 United States court of appeals, which are, in turn, subject to review by the Supreme Court of the United States.

Some states maintain state courts called "district courts." In Florida, the Florida District Courts of Appeal are intermediate appellate courts. In Texas, the Texas District Courts are trial courts of general jurisdiction, hearing all felony and divorce cases, election controversies, and many civil matters. The Hawaii State District Courts, and those in Alaska, New York, and Kentucky, to name a few, are courts of limited jurisdiction.

Asia and Oceania

Australia

District court is the name given to the intermediate court in most Australian states. They hear indictable (serious) criminal offences excluding treason, murder and, in some states, manslaughter. Their civil jurisdiction is also intermediate, typically being for civil disputes where the amount claimed is greater than a $75 000 but less than $750 000. [1] The limits vary between Australian states. In Victoria, the equivalent court is called the County Court. [2] Below them are the magistrates' courts, known as the Local Court in New South Wales. Above them are the state supreme courts.

China

Cyprus

The District Courts are courts of first instance for civil matters (except those which are dealt with by special courts) and criminal cases involving prison sentences of five years of less. There are six such courts.

Hong Kong

The District Court in Hong Kong, established in 1953, has limited jurisdiction in both civil and criminal matters. With effect from 1 December 2003, it has civil jurisdiction to hear monetary claims up to HK$1 million or, where the claims are for recovery of land, the annual rent or rateable value does not exceed HK$240,000. In its criminal jurisdiction, the court may try the more serious cases, with the main exceptions of murder, manslaughter and rape. The maximum term of imprisonment it may impose is seven years. There are one Chief District Judge and 30 District Judges, among which three district judges sit in the Family Court and two district judges sit in the Lands Tribunal as Presiding Officers.

India

The district courts of India are presided over by a judge. [3] They administer justice in India at a district level. These courts are under administrative and judicial control of the high court of the state to which the district concerned belongs.

Indonesia

The district courts of Indonesia are part of public courts for all cases non-related to religion, constitutions or military matters. The decisions of guilt or innocence are made by a panel of three judges led by a chair judge. [4]

Israel

The district courts in Israel serve both as the appellate courts and also as the court of first instance for some cases (e.g. real estate or IP). In criminal matters, they try cases where the accused faces a penalty of at least seven years imprisonment. As of 2007, there are six district courts: [5]

Japan

Japan has 50 district courts, one in each of the 47 prefectures and one in the three cities of Hakodate, Asahikawa and Kushiro. They are the first court level for most civil and criminal cases. Most cases are held with one judge. [6]

New Zealand

The District Court of New Zealand deals with all criminal matters other than murder, manslaughter and specified offences such as treason. [7] The court can also hear civil claims up to $350,000. [8] District courts were called magistrates' courts until 1980.

Pakistan

The district courts of Pakistan are presided over by a senior judge. They administer justice in Pakistan at a district level. These courts are under administrative and judicial control of the high court of the province to which the district concerned belongs.

Europe

Austria

Austria has some 200 district, or local, courts, which decide minor civil and criminal cases.

Denmark

Denmark consists of 24 judicial districts, each being served by a district court (Danish: byret, literally meaning "town court"). Each district court serves one or more of the country's 98 municipalities, except that Copenhagen Municipality is divided between two district because of its size. Before 2007, when the number of municipalities was reduced from 271 to 98, there were 82 district courts.

The two high courts (the Eastern and Western) serve as courts of appeal.

Finland

See also Judicial system of Finland

Finland has 27 district courts, which deal with criminal cases, civil cases and petitionary matters. Since December 1, 1993 these have been called käräjäoikeus in Finnish and tingsrätt in Swedish. Each court is headed by the Chief Judge and other District Judges. In certain cases, the district court may also have lay judges. The cases are handled and resolved either in a session or in chambers. In simple cases decisions can be made by notaries.

Germany

Germany has 115 regional courts ( Landgerichte ), which are superior to the local courts ( Amtsgerichte ) and below the higher regional courts ( Oberlandesgerichte ).

Iceland

The district courts are the lowest judicial level in Iceland. There are eight courts operating in separate districts, the District Court of Reykjavík, the District Court of Reykjanes, the District Court of Western Iceland, the District Court of the Westfjords, the District Court of Northwest Iceland, the District Court of Northeast Iceland, the District Court of East Iceland and the District Court of South Iceland. The courts handle all cases in their first instance. Subject to conditions, cases can be appealed to a higher court, ultimately the Supreme Court of Iceland whose conclusions are final.

Ireland

The District Court in Ireland was established in 1924. The court handles civil claims of up to €15,000 and summary criminal trials (minor offences tried by a judge alone where the maximum penalty is 12 months on indictment in the Circuit Court and the granting of licences for the sale of alcohol.

Norway

The Norwegian tingrett deals with criminal and civil cases. The term tingrett was introduced in 2002, and replaced the previous terms byrett and herredsrett as designations for district courts.

Poland

Sweden

Orebro tingsratt in Orebro, Sweden Orebro tingsratt May 2014.jpg
Örebro tingsrätt in Örebro, Sweden

In Sweden, there are 48 district courts (Swedish : tingsrätt); Tingsrätt is also used to describe such courts in Finland and Norway. While relatively recent creations in their current form, the term tingsrätt refers to the ting ("thing"), the ancient term for governing assemblies in these and other Nordic and Germanic countries, where disputes would be brought up to be settled. The specific term tingsrätt was used for courts already in 17th century Sweden, but was later discontinued. It's the court of first instance; dealing with criminal cases, some civil law disputes and a number of non-contentious matters. Private cases against decisions by the public authorities are generally handled by the tingsrätt or the förvaltningsrätt (administrative court), depending on the authority in question.

In 1971, the tingsrätts became the district courts of Sweden, replacing the previous distinction between rådhusrätt in larger cities and häradsrätt for other parts of the country. Later reforms have substantially reduced the number of these courts from around 100 to currently (2014) 48. [9]

Appeals against a district court are made to the appellate court (Swedish : hovrätt). [10]

United Kingdom

Scotland

District courts were introduced in 1975 as replacement for the burgh police courts; they dealt with the most minor crimes. They were run by the local authorities. Each court comprised one or more justices of the peace (lay magistrates) who sat alone or in threes with a qualified legal assessor as convener or clerk of court.

They handled many cases of breach of the peace, drunkenness, minor assaults, petty theft, and offences under the Civic Government (Scotland) Act 1982.

District courts operated under summary procedure and could not impose a fine in excess of £2,500 or sentence an offender to more than 60 days in prison. In practice, most offences were dealt with by a fine.

District courts in Scotland were abolished and replaced with justice of the peace courts under the provisions of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. The justice of the peace courts are managed by the Scottish Court Service. Responsibility for the courts was transferred from the local authorities in a rolling programme of court unification which concluded in February 2010. District courts were replaced by JP courts in sheriffdoms as follows:

  • Sheriffdom of Lothian and Borders, 10 March 2008 [11]
  • Sheriffdom of Grampian, Highlands and Islands, 2 June 2008 [12]
  • Sheriffdom of Glasgow and Strathkelvin, 8 December 2008 [13]
  • Sheriffdom of Tayside, Central and Fife, 23 February 2009 [14]
  • Sheriffdom of North Strathclyde, 14 December 2009 [15]
  • Sheriffdom of South Strathclyde, Dumfries & Galloway, 22 February 2010 [16]

Related Research Articles

A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly translated to English as sherif.

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">Justice of the peace</span> Judicial officer elected or appointed to keep the peace and perform minor civic jobs

A justice of the peace (JP) is a judicial officer of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.

<span class="mw-page-title-main">Magistrate</span> Officer of the state, usually judge

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.

<span class="mw-page-title-main">High Court of Justiciary</span> Supreme criminal court in Scotland

The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi.

<span class="mw-page-title-main">Sheriff court</span>

A sheriff court is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland.

<span class="mw-page-title-main">Courts of Scotland</span> Administration of justice in Scotland

The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.

<span class="mw-page-title-main">Sheriff principal</span>

In Scotland a sheriff principal is a judge in charge of a sheriffdom with judicial, quasi-judicial, and administrative responsibilities. Sheriffs principal have been part of the judiciary of Scotland since the 11th century. Sheriffs principal were originally appointed by the monarch of Scotland, and evolved into a heritable jurisdiction before appointment was again vested in the Crown and the monarch of the United Kingdom following the passage of the Heritable Jurisdictions (Scotland) Act 1746.

<span class="mw-page-title-main">District Court of New South Wales</span> Intermediate court of New South Wales

The District Court of New South Wales is the intermediate court in the judicial hierarchy of the Australian state of New South Wales. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a range of tribunals. In its criminal jurisdiction, the Court may deal with all serious criminal offences except murder, treason and piracy. The Court's civil jurisdiction is generally limited to claims less than A$750,000.

<span class="mw-page-title-main">District Court of Western Australia</span> Court in Western Australia

The District Court of Western Australia is the intermediate court in Western Australia. The District Court commenced in 1970, amid additional stress placed on the existing Magistrates Court and Supreme Court due to the increasing population of Western Australia. At its inception, the Court consisted of four judges: Sydney Howard Good, William Page Pidgeon, Desmond Charles Heenan and Robert Edmond Jones.

<span class="mw-page-title-main">Magistrates' court (England and Wales)</span> Lower court in the criminal legal system of England and Wales

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

<span class="mw-page-title-main">District court (Scotland)</span>

A district court was the least authoritative type of criminal court of Scotland. The courts operated under summary procedure and dealt primarily with minor criminal offences. The district courts were administered by the district councils established under the Local Government (Scotland) Act 1973. Following the passage of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 by the Scottish Parliament, the Scottish Ministers abolished the district courts and transferred their functions to the justice of the peace courts, which are administered by the Scottish Courts and Tribunals Service and subject to the authority of the Lord President of the Court of Session.

<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 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 District Court is the main court of summary jurisdiction in Ireland. It has responsibility for hearing minor criminal matters, small civil claims, liquor licensing, and certain family law applications. It is also responsible for indicting the accused and sending them forward for trial at the Circuit Court and Central Criminal Court.

<span class="mw-page-title-main">Court of Quebec</span> Canadian provincial court

The Court of Quebec is a court of first instance in the Province of Quebec, Canada.

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

The judicial system of Sweden consists of the law of Sweden and a number of government agencies tasked with upholding security and rule of law within the country. The activities of these agencies include police and law enforcement, prosecution, courts, and prisons and other correctional services.

<span class="mw-page-title-main">Justice of the peace court</span>

A justice of the peace court is the lowest authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences.

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

The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.

<span class="mw-page-title-main">District courts of Sweden</span>

The district courts of Sweden are the court of first instance for the general courts in Sweden. The next instance are the courts of appeal. The district court handle criminal cases, some civil law disputes and a number of non-contentious matters. There are 48 district courts across Sweden, and the catchment area is based on the geographic boundaries of several municipalities. The number of employees vary, from ten to several hundreds.

<span class="mw-page-title-main">Sheriff Appeal Court</span>

The Sheriff Appeal Court is a court in Scotland that hears appeals from summary criminal proceedings in the sheriff courts and justice of the peace courts, and hears appeals on bail decisions made in solemn proceedings in the sheriff court. The Sheriff Appeal Court also hears appeals in civil cases from the sheriff courts, including the Sheriff Personal Injury Court.

References

  1. "About the District Court". District Court of Western Australia.
  2. "County Court of Victoria". County Court of Victoria.
  3. "District Courts of India". Archived from the original on 2013-01-22.
  4. Lindsey, Tim. Indonesian Trial Process and Legal System Background Notes (PDF). University of Melbourne. Retrieved May 30, 2014.
  5. "New District Court Opens: Central Region" . Retrieved 2007-08-21.
  6. "The Japanese Judicial System". The Prime Minister of Japan and His Cabinet. July 1999. Retrieved September 27, 2012.
  7. Criminal Procedure Act 1947 (NZ) ss 73-74
  8. General civil jurisdiction District Court Act 2016 Retrieved on September 27, 2012
  9. "The Swedish courts". Domstolsverket . Retrieved 2014-03-14.
  10. "District court". Swedish National Courts Administration. Archived from the original on 1 August 2014. Retrieved 30 July 2014.
  11. Bonnar, Gerard (25 February 2008). "Circular JD/1/2008: The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 3 and Savings) Order 2008". The Scottish Government.
  12. Bonnar, Gerard (29 May 2008). "Criminal Justice Directorate Circular No: JD/5/2008: The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 4) Order 2008". The Scottish Government.
  13. Bonnar, Gerard (24 November 2008). "Criminal Justice Directorate Circular JD/9/2008 The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 5) Order 2008". The Scottish Government.
  14. Bonnar, Gerard (10 February 2009). "JD Circular No. JD/2/2009 The Criminal Proceedings etc. (Reform)(Scotland) Act 2007 (Commencement No. 6) Order 2008". The Scottish Government.
  15. The Justice of the Peace Courts (Sheriffdom of North Strathclyde) etc. Order 2009 SSI 2009/331
  16. The Justice of the Peace Courts (Sheriffdom of South Strathclyde, Dumfries and Galloway) etc. Order 2009 SSI 2009/332