Superior court

Last updated

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 (see small claims court), 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 (see court of appeal). For courts of general jurisdiction in civil law system, see ordinary court.

Contents

Etymology

The term "superior court" has its origins in the English court system. The royal courts were the highest courts in the country, with what would now be termed supervisory jurisdiction over baronial and local courts. Decisions of those courts could be reviewed by the royal courts, as part of the Crown's role as the ultimate fountain of justice. The royal courts became known as the "superior courts", and lower courts whose decisions could be reviewed by the royal courts became known as "inferior courts". The decisions of the superior courts were not reviewable or appealable unless an appeal was created by statute.

In particular jurisdictions

Canada

Superior Courts in Canada exist at the federal, [1] provincial [2] [3] [4] [5] [6] and territorial levels.

The provincial and territorial superior courts of original jurisdiction are courts of general jurisdiction: all legal matters fall within their jurisdiction, unless assigned elsewhere by statute passed by the appropriate legislative authority. [7] Their jurisdiction typically includes civil lawsuits involving contracts, torts, property, and family law. They also have jurisdiction over criminal prosecutions for indictable offences under the Criminal Code of Canada. [8] They also hear civil appeals from decisions of the provincial and territorial "inferior" courts, as well as appeals from those courts in summary conviction matters under the Criminal Code . They also have jurisdiction of judicial review over administrative decisions by provincial or territorial government entities such as labour boards, human rights tribunals and licensing authorities. [9]

The superior courts of appeal hear appeals from the superior courts of original jurisdiction, as well as from the inferior courts and administrative tribunals. The jurisdiction of the superior courts of appeal are entirely statutory. The details of their jurisdiction will vary depending on the laws passed by the federal government and the particular province or territory.

All judges of the superior courts are appointed by the federal government. Judges of provincial superior courts are appointed under the authority of the Constitution Act, 1867 , [10] while judges of the territorial superior courts are appointed under the authority of their respective territorial acts passed by the federal Parliament. The judges of the Federal Courts are appointed by the federal government under the authority of the Federal Courts Act. [11]

Hong Kong

In Hong Kong, the Court of Final Appeal, [12] the Court of Appeal [13] and the Court of First Instance [14] (the latter two form the High Court of Hong Kong [15] ), are all superior courts of record.

South Africa

The general superior courts of South Africa are the High Courts, the Supreme Court of Appeal and the Constitutional Court. [16]

The High Courts are courts of first instance with general jurisdiction; they can hear all cases except those where exclusive jurisdiction is granted by law to another court. Most cases are, however, tried in the magistrates' courts or other lower courts, and appeals from these courts are heard by the High Court.

The Supreme Court of Appeal is solely an appellate court, hearing appeals from the High Courts. The Constitutional Court is primarily an appellate court, hearing appeals on constitutional matters from the Supreme Court of Appeal or in some cases directly from the High Courts. The Constitutional Court also occasionally acts as a court of first instance in certain cases involving the constitutionality of laws and government actions.

There are also specialist superior courts with exclusive jurisdiction over certain matters; these include the Labour Court, the Labour Appeal Court, the Electoral Court and the Land Claims Court.

United Kingdom

The Supreme Court of the United Kingdom, the Court of Appeal of England and Wales, the High Court of England and Wales, and the Crown Court of England and Wales are all superior courts of record. [17] [18] [19] [20]

United States

One of the Los Angeles Superior Courthouses in downtown Los Angeles LA Superior Court, LA, CA, jjron 22.03.2012.jpg
One of the Los Angeles Superior Courthouses in downtown Los Angeles

In a number of jurisdictions in the United States, the Superior Court is a state trial court of general jurisdiction with power to hear and decide any civil or criminal action which is not specially designated to be heard in some other courts. California, Connecticut, Washington, Maine, the District of Columbia, and Georgia are all examples of such jurisdictions. In other states, equivalent courts are also known as courts of common pleas (Pennsylvania, Ohio, and others), circuit courts (Illinois, Michigan, Oregon and others), district courts (Louisiana, Texas, Hawaii and others) or, in the case of New York, the Supreme Court.

The term "superior court" raises the obvious question of superior to what. Formerly, many jurisdictions had inferior trial courts of limited jurisdiction such as municipal courts, traffic courts, and justice of the peace courts, so it was natural to call the next level of courts "superior." However, some states, like California, have unified their court systems. In California, all lower courts were absorbed into the Superior Courts of California after 1998. The lower courts now exist only as mere administrative subdivisions of the superior courts. The superior courts are legally no longer superior to any other trial courts. Thus, the term "superior court" persists in California only as a matter of tradition. Similarly, the Superior Court of the District of Columbia is the sole local trial court, and what would be inferior courts are divisions of that court, [21] but, as a trial court, may hear appeals from administrative agencies such as the appeals board of the Department of Motor Vehicles or of the Department of Public Works. [22]

In Pennsylvania, the Superior Court is an appellate court, hearing appeals of criminal cases and private civil cases from the Pennsylvania courts of common pleas. In New Jersey, the Superior Court comprises the Law Division and Chancery Division (trial courts of general jurisdiction, hearing cases at law and in equity respectively, with cases assigned to different parts of each court by legislation and court rule), and an Appellate Division that hears appeals from the other two parts. The Criminal Part of the Law Division and the Family Party of the Chancery Division of the Superior Court also hear appeals from the New Jersey municipal courts, courts with limited jurisdiction to hear lower-order criminal cases and to grant temporary restraining orders in domestic-violence cases. In Maine, the Superior Court is both a trial court of general jurisdiction and an appellate court that considers appeals from the Maine District Court in certain types of cases, as well as appeals from most state and municipal agencies. [23]

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 an appeal of 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 reviews evidence and testimony to determine the facts of 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.

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">Supreme Court of Canada</span> Highest court of Canada

The Supreme Court of Canada is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions and bilingual, hearing cases in both official languages of Canada.

In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made more certain", and comes from the opening line of such writs, which traditionally began with the Latin words "Certiorari volumus...".

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">Law of Canada</span>

The legal system of Canada is pluralist: its foundations lie in the English common law system, the French civil law system, and Indigenous law systems developed by the various Indigenous Nations.

<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 made 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.

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">Supreme Court of British Columbia</span> Superior trial court of British Columbia, Canada

The Supreme Court of British Columbia is the superior trial court for the province of British Columbia, Canada. The Court hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. There are 90 judicial positions on the Court in addition to supernumerary judges, making for a grand total of 108 judges. There are also 13 Supreme Court masters, who hear and dispose of a wide variety of applications in chambers.

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.

<span class="mw-page-title-main">High Court of Singapore</span> Lower division of national supreme court

The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.

<span class="mw-page-title-main">Quebec law</span> Overview of the law of Quebec

Quebec law is unique in Canada because Quebec is the only province in Canada to have a juridical legal system under which civil matters are regulated by French-heritage civil law. Public law, criminal law and federal law operate according to Canadian common law.

The Superior Court is the state court in the U.S. state of New Jersey, with statewide trial and appellate jurisdiction. The New Jersey Constitution of 1947 establishes the power of the New Jersey courts. Under the State Constitution, "'judicial power shall be vested in a Supreme Court, a Superior Court, County Courts and inferior courts of limited jurisdiction.'" The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts. The State Constitution renders the New Jersey Superior Court, Appellate Division the intermediate appellate court, and "[a]ppeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by law." Each division is in turn divided into various parts. "The trial divisions of the Superior Court are the principal trial courts of New Jersey. They are located within the State's various judicial geographic units, called 'vicinages,' R. 1:33-2(a), and are organized into two basic divisions: the Chancery Division and the Law Division".

<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.

<span class="mw-page-title-main">Judiciary of Pakistan</span> National judicial system

The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.

<span class="mw-page-title-main">California superior courts</span> State trial courts with general jurisdiction

Superior courts in California are the state trial courts with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a governmental agency. As mandated by the California Constitution, there is a superior court in each of the 58 counties in California. The superior courts also have appellate divisions which hear appeals from decisions in cases previously heard by inferior courts.

The Supreme Court of the Northwest Territories is the name of two different superior courts for the Canadian territory of the Northwest Territories, which have existed at different times.

<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">Section 101 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 101 of the Constitution Act, 1867 is a provision of the Constitution of Canada giving the federal Parliament the power to create the Supreme Court of Canada and the federal courts. Although Parliament created the Supreme Court by an ordinary federal statute in 1875, the Court is partially entrenched by the amending formula set out in the Constitution Act, 1982. The composition of the Court can only be changed by a unanimous constitutional amendment, passed by the two houses of Parliament, and all of the provincial legislative assemblies.

References

  1. ↑ Federal Courts Act , R.S.C. 1985, c. F-7, ss. 3 and 4, as amended by S.C. 2002, c. 8, s. 16
  2. ↑ Alberta: Court of Appeal Act, R.S.A. 2000, c. C-30, s. 2(1); Court of Queen's Bench Act, R.S.A. 2000, c. C-31, s. 2(1).
  3. ↑ British Columbia: Court of Appeal Act , R.S.B.C. 1996, c. 77, s. 2(1); Supreme Court Act, R.S.B.C. 1996, c. 443, s. 3(1)
  4. ↑ Manitoba: The Court of Appeal Act , C.C.S.M. c. C240, s. 3; The Court of Queen's Bench Act , C.C.S.M. c. C280, s. 2
  5. ↑ Ontario: Courts of Justice Act , R.S.O. 1990, c. C-43, s. 2 (Court of Appeal); s. 11 (Superior Court of Justice)
  6. ↑ Saskatchewan: The Court of Appeal Act, S.S. 2000, c. C-42.1, s. 3(1); The Queen's Bench Act, 1998, S.S. 1998, c. Q-1.01, s. 3(1)
  7. ↑ Valin v. Langlois (1879), 5 App. Cases 115 (P.C.); Attorney General of Canada v. Law Society of British Columbia , [1982] 2 S.C.R. 307.
  8. ↑ Criminal Code, R.S.C. 1985, c. C-46.
  9. ↑ "Administrative Tribunals in Canada | The Canadian Encyclopedia". www.thecanadianencyclopedia.ca. Retrieved 2020-07-29.
  10. ↑ Constitution Act, 1867, s. 96.
  11. ↑ Federal Courts Act, s. 5.2.
  12. ↑ Hong Kong Court of Final Appeal Ordinance, s.3
  13. ↑ High Court Ordinance, 13(1)
  14. ↑ High Court Ordinance, s. 12(1)
  15. ↑ High Court Ordinance, s.3
  16. ↑ Jacobson, Paul. "An introduction to our courts and court procedure" . Retrieved 15 April 2012.
  17. ↑ Constitutional Reforms Act 2005, 2005, c. 4, s. 40
  18. ↑ Senior Courts Act 1981, 1981, c. 54, s. 15(1)
  19. ↑ Senior Courts Act 1981, 1981, c. 54, 19(1)
  20. ↑ Senior Courts Act 1981, 1981, c. 54, s. 45(1)
  21. ↑ District of Columbia Courts
  22. ↑ "Traffic Adjudication Appeal Form" (PDF). dccourts.gov.
  23. ↑ "Superior Court: State of Maine Judicial Branch".
  24. ↑ Superior Court at the Internet Movie Database
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.