![Grand Hall de Justice de Palais de La Paix à La Haye Pays-Bas](https://upload.wikimedia.org/wikipedia/commons/8/8e/Grand_Hall_de_Justice_de_Palais_de_La_Paix_%C3%A0_La_Haye_Pays-Bas.jpg)
A court is any person or institution, often as a
government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is ...
institution, with the
authority to
adjudicate
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the ...
legal dispute
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either Civil law (common law), civil or criminal law. In most legal ca ...
s between
parties
A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, recreation, or as part of a festival or other commemoration or celebration of a special occasion. A party will often feature ...
and carry out the
administration of justice
The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such an administration is to provide justice for all those accessing the legal system. The phrase is also commonly used to d ...
in
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
,
criminal, and
administrative
Administration may refer to:
Management of organizations
* Management, the act of directing people towards accomplishing a goal
** Administrative Assistant, traditionally known as a Secretary, or also known as an administrative officer, administ ...
matters in accordance with the
rule of law.
In both
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
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
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
is collectively known as the
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
. The place where a court sits is known as a
venue
Venue is the location at which an event takes place. It may refer to:
Locations
* Venue (law), the place a case is heard
* Financial trading venue, a place or system where financial transactions can occur
* Music venue, place used for a concer ...
. 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 authority given to the court is known as its
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
J ...
(from Latin , from , "of the
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
," + , "to declare," + , ''noun-forming suffix''), the court's power to decide certain kinds of questions or petitions put to it. According to
William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family ...
's ''
Commentaries on the Laws of England,'' a court (for
civil wrongs) is constituted by a minimum of three parties: the or
plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...
, who complains of an injury done; the or
defendant, who is called upon to make satisfaction for it; and the or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its
officers
An officer is a person who has a position of authority in a hierarchical organization. The term derives from Old French ''oficier'' "officer, official" (early 14c., Modern French ''officier''), from Medieval Latin ''officiarius'' "an officer," f ...
apply a
legal remedy
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its ...
. It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers,
bailiffs,
reporters
A journalist is an individual that collects/gathers information in form of text, audio, or pictures, processes them into a news-worthy form, and disseminates it to the public. The act or process mainly done by the journalist is called journalism ...
, and perhaps a jury.
The term "the court" is also used to refer to the
presiding officer or officials, usually one or more
judges. The judge or panel of judges may also be collectively referred to as "the
bench" (in contrast to
attorneys and
barristers, collectively referred to as "the
bar
Bar or BAR may refer to:
Food and drink
* Bar (establishment), selling alcoholic beverages
* Candy bar
* Chocolate bar
Science and technology
* Bar (river morphology), a deposit of sediment
* Bar (tropical cyclone), a layer of cloud
* Bar (u ...
").
In the United States, the legal authority of a court to take action is based on
personal jurisdiction
Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the ...
over the parties to the litigation and
subject-matter jurisdiction over the claims asserted.
Etymology
![Riigikohus](https://upload.wikimedia.org/wikipedia/commons/5/56/Riigikohus.jpg)
The word ''court'' comes from the French , an enclosed yard, which derives from the Latin form , the accusative case of , which again means an enclosed yard or the occupants of such a yard. The English word ''court'' is a cognate of the Latin word from Ancient Greek () (meaning "garden", hence horticulture and orchard), both referring to an enclosed space.
The meaning of a judicial assembly is first attested in the 12th century, and derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard. The verb "to court", meaning to win favor, derives from the same source since people traveled to the sovereign's court to win his favor.
Jurisdiction
Jurisdiction is defined as the official authority to make legal decisions and judgements over a person or material item within a territory.
"Whether a given court has jurisdiction to preside over a given case" is a key question in any legal action.
[Jurisdiction](_blank)
Legal Information Institute, Cornell Law School. Three basic components of jurisdiction are
personal jurisdiction
Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the ...
over an individual or thing (), jurisdiction over the particular subject matter (
subject-matter jurisdiction) and
territorial jurisdiction
A jurisdiction is an area with a set of laws under the control of a system of courts or government entity which are different from neighbouring areas.
Each federated state, state in a federation such as Australia, Germany and the United States ...
.
Jurisdiction over a person refers to the full authority over a person regardless on where they live, jurisdiction over a particular subject matter refers to the authority over the said subject of legal cases involved in a case, and lastly territorial jurisdiction is the authority over a person within an x amount of space.
Other concepts of jurisdiction include
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 ar ...
,
exclusive jurisdiction
Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one court ...
,
appellate jurisdiction, and (in the
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 United States Constitution and laws of the federal government. The U.S. federal judiciary consists primaril ...
)
diversity jurisdiction
In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction that gives U.S. federal courts the power to hear lawsuits that do not involve a federal question. For a U.S. federal court to have diversity jurisd ...
.
Trial and appellate courts
Trial court
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). Mos ...
s are courts that hold
trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal ...
s. Sometimes termed "courts of first instance", trial courts have varying
original jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
India
In India, the S ...
. Trial courts may conduct trials with juries as the
finders of fact (these are known as
jury trial
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.
Jury trials are used in a significan ...
s) or trials in which judges act as both finders of fact and
finders of law (in some jurisdictions these are known as
bench trial
A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench ...
s). Juries are less common in court systems outside the
Anglo-American
Anglo-Americans are people who are English-speaking inhabitants of Anglo-America. It typically refers to the nations and ethnic groups in the Americas that speak English as a native language, making up the majority of people in the world who spe ...
common law tradition.
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 ...
s are courts that hear
appeals of lower courts and trial courts.
Some courts, such as the
Crown Court in England and Wales may have both trial and appellate jurisdictions.
Civil law courts and common law courts
The two major legal traditions of the western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman Law, specifically a civil body of law entitled "
Corpus iuris civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred ...
".
This theory of civil law was rediscovered around the end of the eleventh century and became a foundation for university legal education starting in Bologna, Italy and subsequently being taught throughout continental European Universities.
Civil law is firmly ensconced in the French and German legal systems. Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066.
The royal judges created a body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions.
This common standard of law became known as "Common Law". This legal tradition is practiced in the English and American legal systems. In most civil law jurisdictions, courts function under an
inquisitorial system
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an ...
. In the common law system, most courts follow the
adversarial system
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to det ...
.
Procedural law
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules a ...
governs the rules by which courts operate:
civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kin ...
for private disputes (for example); and
criminal procedure for violation of the criminal law. In recent years international courts are being created to resolve matters not covered by the jurisdiction of national courts. For example, The International Criminal Court, based in The Hague, in The Kingdom of The Netherlands or The Court of Permanent Lok Adalat (Public Utility Services), based in India.
Court television shows
Television show courts, which are not part of the judicial system and are generally
private arbitrators, are depicted within the
court show
A court show (also known as a judge show, legal/courtroom program, courtroom series, or judicial show) is a broadcast programming subgenre of either legal dramas or reality legal programming. Court shows present content mainly in the form of lega ...
genre; however, the courts depicted have been criticized as misrepresenting real-life courts of law and the true nature of the legal system.
Notable court shows include:
* ''
Caso Cerrado
''Caso cerrado'' (''Case Closed''), formerly ''Sala de parejas'' (''Couples' Court''), is a Spanish-language court show broadcast by Telemundo in which Cuban-American lawyer Ana María Polo arbitrates cases for volunteer participants.
Desc ...
''
* ''
Judge Judy
''Judge Judy'' is an American arbitration-based reality court show presided over by former Manhattan Family Court Judge Judith Sheindlin. The show featured Sheindlin as she adjudicated real-life small-claims disputes within a simulated courtr ...
''
* ''
Paternity Court
''Lauren Lake's Paternity Court'' (originally known as Paternity Court) is a nontraditional court show in which family lawyer and legal analyst Lauren Lake heard and ruled on paternity cases and rendered DNA test results.
The show was produced ...
''
* ''
The People's Court
''The People's Court'' is an American arbitration-based reality court show, featuring an arbitrator handling small claims disputes in a simulated courtroom set. Within the court show genre, it is the first of all arbitration-based reality sty ...
''
* ''
Judge Mathis
''Judge Mathis'' is an American syndicated arbitration-based reality court show presided over by Judge Greg Mathis, a former judge of Michigan's 36th District Court and Black-interests motivational speaker/activist.
The courtroom series prem ...
''
* ''
Judge Alex
''Judge Alex'' is an American arbitration-based reality court show that was presided over by retired police officer, lawyer, and Florida Judge Alex Ferrer. The series premiered on September 12, 2005, 4 months after ''Texas Justice'' concluded ...
''
* ''
Judge Joe Brown
''Judge Joe Brown'' is an American arbitration-based reality court show starring former Shelby County, Tennessee criminal court judge Joseph B. Brown. It premiered on September 14, 1998 and ran through the 2012–13 television season for a ...
''
* ''
Eye for an Eye''
* ''
Judge Rinder
''Judge Rinder'' is a British arbitration-based reality court show that has been on air on ITV since 11 August 2014. The show depicts Robert Rinder as an arbitrator overseeing civil cases. Rinder began his career in criminal law in 2003. ...
''
* ''
Ace Attorney
''Ace Attorney'' is a series of visual novel adventure video games developed by Capcom. With storytelling fashioned after legal dramas, the first entry in the series, '' Phoenix Wright: Ace Attorney'', was released in 2001; since then, five ...
''
* ''
Adaalat
''Adaalat'' () is an Indian television courtroom drama anthology series about a defence attorney, K.D. Pathak, portrayed by Ronit Roy. First season of the show premiered on Sony on 20 November 2010 and ran for five years, ending on 11 July 201 ...
''
International courts
![Une des salles de réunion de la Cour permanente d'arbitrage](https://upload.wikimedia.org/wikipedia/commons/8/88/Une_des_salles_de_r%C3%A9union_de_la_Cour_permanente_d%27arbitrage.jpg)
*
International judicial institution
International judicial institutions can be divided into courts, arbitral tribunals and quasi-judicial institutions. Courts are permanent bodies, with near the same composition for each case. Arbitral tribunals, by contrast, are constituted anew fo ...
*
International Court of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
*
International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals f ...
*
International Court of Arbitration
ICC International Court of Arbitration is an institution for the resolution of international commercial disputes. It operates under the auspices of the International Chamber of Commerce and consists of more than 100 arbitrators from roughly 90 co ...
Types and organization of courts
*
Administrative court
An administrative court is a type of court specializing in administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered s ...
*
Constitutional court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
*
Commercial Court (disambiguation)
Commercial Court is a type of specialized court on commercial law.
List of existing commercial courts
* Commercial Court (Belgium)
* Commercial Court (England and Wales)
* Commercial Court (Victoria)
* Tribunal de commerce
In France, the '' ...
*
Court of Faculties
__NOTOC__
The Faculty Office of the Archbishop of Canterbury is a regulatory body in English law, which also exercises some adjudicatory functions. Its responsibilities include:
# the regulation of notaries public;
# the issue of special marr ...
*
Court of record
*
Court-martial
*
Ecclesiastical court
*
Equity court
*
Extraordinary court
An extraordinary court, or special court, is a type of court that is established outside of ordinary judiciary, composed of irregularly selected judges or applies irregular procedure for judgment. Since extraordinary court can be abused to infrin ...
*
Family court
*
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 ...
*
Ordinary court
Ordinary court or Judicial court is a type of court with comprehensive subject-matter jurisdiction compared to 'Specialized court' with limited jurisdiction over specific filed of matters, such as intellectual property court. Due to its compr ...
*
Specialized court
Specialized court is a type of court with limited subject-matter jurisdiction concerning particular field of law, compared to 'ordinary court' with general subject-matter jurisdiction. This concept of court usually includes administrative cour ...
*
Supreme court
See also
*
Kangaroo court
A kangaroo court is a court that ignores recognized standards of law or justice, carries little or no official standing in the territory within which it resides, and is typically convened ad hoc. A kangaroo court may ignore due process and come ...
References
External links
*
*
{{Authority control
*