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law courts
law courts Wiki
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Court, From Wikipedia, the free encyclopedia (Redirected from Law courts) Jump to: navigation, search For other uses, see Court (disambiguation). This article needs additional citations for verification. Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (June 2007) A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermann's Microcosm of London (1808-11). A court is a forum used by a power base to adjudicate disputes and dispense civil, labour, administrative and criminal justice under its laws. In common law and civil law states, courts are the central means for dispute resolution, and it is generally understood that all persons have an ability to bring their claims before a court. Similarly, those accused of a crime have the right to present their defense before a court. The court was traditionally where the monarch gave an audience to visitors. These audiences were often appellants requesting the monarchs judgement in resolving a dispute. European monarchs of the medieval period, such as Englands Henry II, found it expedient to appoint representatives, known as magistrates, to dispense justice on their behalf. These magistrates were set up in houses across the country as surrogates of the Royal Court and so were also known as courts. These became the basis of the modern legal administration system and the word court has come to mean a place where the law is heard. Court facilities range from a simple farmhouse for a village court in a rural community to huge buildings housing dozens of courtrooms in large cities. A court is a kind of deliberative assembly with special powers, called its jurisdiction, to decide certain kinds of judicial questions or petitions put to it. It will typically consist of one or more presiding officers, parties and their attorneys, bailiffs, reporters, and perhaps a jury. The term "court" is often used to refer to the president of the court, also known as the "judge" or the "bench", or the panel of such officials. For example, in the United States, and other common law jurisdictions, the term "court" (in the case of U.S. federal courts) by law is used to describe the judge himself or herself.
[1] In the United States, the legal authority of a court to take action is based on three pillars of power over the parties to the litigation: (1) Personal jurisdiction; (2) Subject matter jurisdiction; and (3) Venue. Contents 1 Jurisdiction 2 Trial and appellate courts 3 Civil law courts and common law courts 4 Tribunal 5 Notes 6 See also 6.1 General 6.2 Types and organization of courts 7 External links
[edit] Jurisdiction Jurisdiction, meaning "to speak the law" is the power of a court over a person or claim. In the United States, a court must have both personal jurisdiction and subject matter jurisdiction. Each state establishes a court system for the territory under its control. This system allocates work to courts or authorized individuals by granting both civil and criminal jurisdiction (in the United States, this is termed subject-matter jurisdiction). The grant of power to each category of court or individual may stem from a provision of a written constitution or from an enabling statute. In English law, jurisdiction may be inherent, deriving from the common law origin of the particular court.
[edit] Trial and appellate courts Courts may be classified as trial courts (sometimes termed "courts of first instance") and appellate courts. Some trial courts may function with a judge and a jury: juries make findings of fact under the direction of the judge who reaches conclusions of law and, in combination, this represents the judgment of the court. In other trial courts, decisions of both fact and law are made by the judge or judges. Juries are less common in court systems outside the Anglo-American common law tradition.
[edit] Civil law courts and common law courts The two major models for courts are the civil law courts and the common law courts. Civil law courts are based upon the judicial system in France, while the common law courts are based on the judicial system in Britain. 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.
[edit] Tribunal Look up tribunal in Wiktionary, the free dictionary. Main article: Tribunal Further information: arbitration. Please help improve this section by expanding it. Further information might be found on the talk page or at requests for expansion.
[edit] Notes ^ 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).
[edit] See also
[edit] General Sanctions (law) International judicial institution International Criminal Court List of people who have acted as their own attorney
[edit] Types and organization of courts Appellate court Constitutional Court Court of Faculties Court-martial Courts of England and Wales Ecclesiastical court Equity court Family court High Court of Justiciary Revolutionary Tribunal (French Revolution) Scots Law Scottish Court Service Supreme court Trial court
[edit] External links US federal courts Courtprep, Information about the Canadian justice process, features an interactive courtroom and witness tips. v €¢ d €¢ e Law Legal subjects Constitutional and Administrative law · Criminal law · Contract · Tort · Property · Trusts and Equity · Public international law · Conflict of laws · Supranational law · Private law · Public law Further disciplines Labour law · Human rights · Procedure · Evidence · Immigration law · Family law · Wills · Commercial law · Corporate law · Bankruptcy · Intellectual property · Unjust enrichment · Restitution · Tax law · Banking law · Competition law · Consumer protection · Environmental law · International criminal law · Admiralty law · Military law · Product liability · Space law and Aviation law · Media law Legal systems Common law · Civil law · Religious law · Socialist law · Comparative law · Roman law · Canon law · Sharia law · Halakha Legal theory History of law · Philosophy of law · Economic analysis of law · Sociology of law Legal institutions Judiciary · Legislature · Executive · Military and Police · Bureaucracy · Legal profession · Civil society Category · Portal Retrieved from "http://en.wikipedia.org/wiki/Court" Categories: CourtsHidden categories: Articles needing additional references from June 2007 | Articles to be expanded since January 2007 | All articles to be expanded
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