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Court Of First Instance (Belgian Law)
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 (appellate courts). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law. In the trial court, evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called ''findings of fact'' are made based on the evidence. The court, presided over by one or more judges, makes ''findings of law'' based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials, the jury acting as trier of fact. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial. In the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
General Jurisdiction
{{Globalize, article, USA, 2name=the United States, date=December 2010 A court of general jurisdiction is a court with authority to hear cases of all kinds – criminal, civil, family, probate, and so forth. United States All federal courts are courts of limited jurisdiction. Many U.S. states have divided their courts between criminal and civil, with some making further divisions, assigning probate, family law, and juvenile cases, for example, to specialized courts. General jurisdiction and judicial immunity One significant effect of the classification of a court is the liability that a judge from that court might face for stepping beyond the bounds of that court. Judges are able to claim judicial immunity for acts that are not completely beyond their jurisdiction. For example, if a probate judge were to sentence a person to jail, that judge would not have immunity and could be sued because a probate judge has no jurisdiction to effect a criminal sentence. However, a judge i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probate
Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will. The granting of probate is the first step in the legal process of administering the estate (law), estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court decides the legal validity of a testator's (deceased person's) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner sp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Juvenile Court
A juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes that are committed by children who have not attained the age of majority. In most modern legal systems, children who commit a crime are treated differently from legal adults that have committed the same offense. Industrialized countries differ in whether juveniles should be tried as adults for serious crimes or considered separately. Since the 1970s, minors have been tried increasingly as adults in response to "increases in violent juvenile crime". Young offenders may still not be prosecuted as adults. Serious offenses, such as murder or rape, can be prosecuted through adult court in England. However, as of 2007, no United States data reported any exact numbers of juvenile offenders prosecuted as adults. In contrast, countries such as Australia and Japan are in the early stages of developing and implementing youth-focused justice in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subject-matter Jurisdiction
Subject-matter jurisdiction (also called jurisdiction ''ratione materiae')'' is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases. Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment from a court that did not have subject-matter jurisdiction is forever a nullity. To decide a case, a court must have a combination of subject (''subjectam'') and either personal (''personam'') or territorial (''locum'') jurisdiction. Subject-matter jurisdiction, personal or territorial jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Limited Jurisdiction
Limited jurisdiction, or special jurisdiction, is the court's jurisdiction only on certain types of cases such as bankruptcy, and family matters. Courts of limited jurisdiction, as opposed to general jurisdiction, derive power from an issuing authority, such as a constitution or a statute. Special jurisdiction courts must demonstrate that they are authorized to exert jurisdiction under their issuing authority. In contrast, general jurisdiction courts need only to demonstrate that they may assert in personal jurisdiction over a party. Differences Sometimes the term "special courts" is used to refer to courts of limited jurisdiction: "Special courts" has unfortunate connotations, however, because the designation is often given by totalitarian governments to tribunals set up to persecute government opponents or otherwise help commit human rights abuses. That is a different kind of justice: not because it does not confer upon courts the power to hear only certain types of cases; but a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Clerk
A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to witnesses, jurors, and grand jurors as well as performing some quasi-secretarial duties. United Kingdom England and Wales In the magistrates' courts of England and Wales, where the bench will usually have no legal qualifications, the justices' clerk will be legally qualified. The magistrates decide on the facts at issue; the clerk advises them on the law relating to the case. Scotland Clerks of court can be found at every level of the Courts of Scotland, with a legally qualified clerk acting as legal adviser to justices of the peace in justice of the peace courts. In the sheriff courts the clerk is known as a sheriff clerk, and the sheriff clerks are responsible for the administration and running of all cases in the court. Clerks also sup ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Record
A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written record (and all other evidence) is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law (for example, in some U.S. states, death penalty statutes provide that all evidence must be preserved for an extended period of time). Most courts of record have rules of procedure (see rules of evidence, rules of civil procedure, and rules of criminal procedure) and therefore they require that most parties be represented by counsel (specifically, attorneys holding a license to practice law before the specific tribunal). In contrast, in courts not of record, oral proceedings are not recorded, and the judge makes his or her decision based on notes and memory. In most "not of record" proceedin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in County Court. The court is radically different from its counterparts in nearly all other states in that the Supreme Court is a trial court and is not the highest court in the state. The highest court of the State of New York is the Court of Appeals. Also, although it is a trial court, the Supreme Court sits as a "single great tribunal of general state-wide jurisdiction, rather than an aggregation of separate courts sitting in the several counties or judicial districts of the state." The Supreme Court is established in each of New York's 62 counties. Jurisdiction Under ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Superior Courts Of California
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 (superior court judges sitting as appellate judges) which hear appeals from decisions in cases previously heard by inferior courts. Organization The superior courts are the lowest level of state courts in California holding general jurisdiction on civil and criminal matters. Above them are the six California courts of appeal, each with appellate jurisdiction over the superior courts within their districts, and the Supreme Court of California. As of 2007, the superior courts of California consisted of over 1,500 judges, and make up the largest part of California’s judicial system, which is in t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Florida Circuit Courts
The Florida circuit courts are State court (United States), state courts, and are trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution (the other three being The Florida Supreme Court, Florida district courts of appeal, and county court (Florida), Florida county courts). The circuit courts primarily handle Civil law (common law), civil cases where the amount in controversy is greater than $30,000, and felony criminal cases, as well as appeals from county courts. Additionally, since circuit courts are constitutional courts as are courts of appeals, state circuit courts operate under the constitutional consideration of that state's constitution that operates under the Constitution of the United States of America. Therefore, Supreme Court justices can be assigned to state circuit courts of appeals and circuit courts where there is a need by the discretion of the Department of J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal 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 Constitution of the United States, United States Constitution and Law of the United States, laws of the federal government. The U.S. federal judiciary consists primarily of the Supreme Court of the United States, U.S. Supreme Court, the United States Courts of Appeals, U.S. Courts of Appeals, and the United States District Courts, U.S. District Courts. It also includes a variety of other lesser federal tribunals. Article III of the United States Constitution, Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their jurisdiction. Article III states that United States federal judge, federal judges are appointed by the President of the United States, president with the consent of the United States Senate, Senate to serve until they resign, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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