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Lower Court
A lower court or inferior court is a court from which an appeal may be taken, usually referring to courts other than supreme court. In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed, which may be the original trial court or some of appellate court lower in rank than the supreme court which is hearing the appeal. In other words, lower courts are 'lower' in hierarchical chain of appellate procedure than other higher appellate courts. Usually it is obligation of a lower court to follow the decision of higher appellate court, even in civil law countries where precedents have no binding power. See also Some of common law countries use term 'lower court' or 'inferior court' as antonym for 'superior court', meaning such lower courts have only limited jurisdiction according to importance of case (usually decided by monetary amount of claims). For information on this kind of courts, see Small claims court and superior cou ...
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Tokyo Court Complex Building
Tokyo (; ja, 東京, , ), officially the Tokyo Metropolis ( ja, 東京都, label=none, ), is the capital and largest city of Japan. Formerly known as Edo, its metropolitan area () is the most populous in the world, with an estimated 37.468 million residents ; the city proper has a population of 13.99 million people. Located at the head of Tokyo Bay, the prefecture forms part of the Kantō region on the central coast of Honshu, Japan's largest island. Tokyo serves as Japan's economic center and is the seat of both the Japanese government and the Emperor of Japan. Originally a fishing village named Edo, the city became politically prominent in 1603, when it became the seat of the Tokugawa shogunate. By the mid-18th century, Edo was one of the most populous cities in the world with a population of over one million people. Following the Meiji Restoration of 1868, the imperial capital in Kyoto was moved to Edo, which was renamed "Tokyo" (). Tokyo was devastated b ...
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Superior Court
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. 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 roya ...
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Lower Court Of San Marino
The Judicial system of San Marino requires that the country's lower court judges be noncitizens, to ensure impartiality. Most lower court judges are Italian. A local conciliation judge handles cases of minor importance. Other cases are handled by non- Sammarinese judges who serve under contract to the Government. The final court of review is the Council of Twelve, a group of judges chosen for 6-year terms (four of whom are replaced every 2 years) from among the members of the Grand and General Council The Grand and General Council ( it, Consiglio Grande e Generale) is the parliament of San Marino. The council has 60 members elected for a five-year term. History From the fifth century San Marino was ruled by an assembly composed by all t .... Supreme court Lower Court References Government of San Marino {{SanMarino-stub ...
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Lower Courts Of Namibia
The judiciary of Namibia consists of a three-tiered set of courts, the Lower, High and Supreme Courts. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law. Lower Courts The Lower Courts are established by an act of Parliament and are bound by the four corners of legislation. There are several lower courts in Namibia. They are the magistrates' courts, the (labour) arbitration tribunals and the customary courts. Magistrates' courts deal with the most cases in the entire legal system. They are manned by magistrates who are employed by the Ministry of Justice. The decisions of magistrates' courts are written down; however, they are not recorded in any law report. The decisions have to be written in case either party to the proceedings feel prejudiced by the outcome and wants to go on appeal or review to the High Court. They are created by the Magistrates' Court Act no. 32 of 1944. The magistrates are governed by the Magist ...
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Provincial And Territorial Courts In Canada
The provincial and territorial courts in Canada are local trial "inferior" or " lower" courts of limited jurisdiction established in each of the provinces and territories of Canada. These courts typically hear criminal, civil (or “ small claims”), family, traffic, and bylaw cases. Unlike the superior courts of Canada, the jurisdiction of the provincial courts is limited to those matters which are permitted by statute. They have no inherent jurisdiction. Appeals of provincial court decisions are usually heard by the superior court of the province. These courts typically evolved from older magistrate, municipal, or local courts. Many of these former courts were as likely to have lay magistrates or justices of the peace presiding as they were to have a judge who had formal legal training. In the province of Ontario, most municipal and provincial offences are dealt with in the Provincial Offences Court, established under the ''Ontario Provincial Offences Act'' and the ''Courts o ...
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Magistrates' Court
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Court of Jersey * Magistrates' court (Hong Kong) * Magistrate's courts of Israel * Magistrate's court (South Africa) * District Court (New Zealand), replaced magistrate's courts in 1980 * District Court (Ireland), the main court of summary jurisdiction in Ireland * Magistrate's court (Russia) * Magistrate's court (Sri Lanka) Australian courts * Magistrates Court of the Australian Capital Territory * Magistrates court (Northern Territory) * Magistrates Court of Queensland * Magistrates Court of South Australia * Magistrates Court of Tasmania * Magistrates' Court of Victoria * Magistrates Court of Western Australia * Local Court of New South Wales * Federal Circuit Court of Australia (initially the Federal Magistrate's Court of Austr ...
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Small Claims Court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county or magistrate's court. These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, New Zealand, Philippines, Scotland, Singapore, South Africa, Nigeria and the United States. Purpose and operation The jurisdiction of small-claims courts typically encompasses private disputes that do not involve large amounts of money. The routine collection of small debts forms a large portion of the cases brought to small-claims courts, as well as evictions and other disputes between landlords and tenants, unless the jurisdiction is already covered by a tenancy board. A small-claims court generally has a maximum monetary limit to the amount of judgments it can award, often in the thousands ...
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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 ...
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Precedents
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ...
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Court
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. 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 authorit ...
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Appellate Courts
A court of appeals, also called a court of appeal, appellate court, 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. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordi ...
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Appellate Court
A court of appeals, also called a court of appeal, appellate court, 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. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordi ...
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