Courts by type
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A court is an
institution An institution is a humanly devised structure of rules and norms that shape and constrain social behavior. All definitions of institutions generally entail that there is a level of persistence and continuity. Laws, rules, social conventions and ...
, often a
government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
entity, with the authority to adjudicate legal disputes between parties and administer justice in civil,
criminal In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...
, and administrative matters in accordance with the
rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
. Courts generally consist of judges or other judicial officers, and are usually established and dissolved through
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
, which describes the court's power to decide certain kinds of questions, or petitions put to it. There are various kinds of courts, including
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 heard by higher courts with the power of appellate review (appellate courts). ...
s,
appellate court 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 a case upon appeal from a trial court or other lower tribunal. Appel ...
s,
administrative court An administrative court is a type of specialized court on 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 usually co ...
s,
international court International courts are formed by treaties between Nation, nations, or by an international organization such as the United Nations – and include ''ad hoc'' tribunals and permanent institutions but exclude any courts arising purely under nationa ...
s, and
tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a singl ...
s.


Description

A court is any
person A person (: people or persons, depending on context) is a being who has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations suc ...
or
institution An institution is a humanly devised structure of rules and norms that shape and constrain social behavior. All definitions of institutions generally entail that there is a level of persistence and continuity. Laws, rules, social conventions and ...
, often as a
government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
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 th ...
legal disputes between parties 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. Australia In ''Attorney General for ...
in civil,
criminal In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...
, and administrative matters in accordance with the
rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
. In both
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
and civil law
legal system A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is th ...
s, 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 Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense industr ...
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 A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual ...
, 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' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
(from Latin , from , "of the law", + , "to declare", + , ''noun-forming suffix''), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone's '' Commentaries on the Laws of England,'' a court (for civil wrongs) is constituted by a minimum of three parties: the or plaintiff, who complains of an injury done; the or
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one juris ...
, 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 apply a legal remedy. 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, and perhaps a
jury A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgmen ...
.


Etymology

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 thus a descendant 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. The term ''the court'' is used to refer to the presiding officer or officials, usually one or more
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
s. The judge or panel of judges may also be collectively referred to as "the bench" (in contrast to attorneys and
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
s, collectively referred to as "the bar"). In the United States, the legal authority of a court to take action is based on personal jurisdiction over the parties to the litigation and subject-matter jurisdiction over the claims asserted. 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 A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual ...
'', 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.


Jurisdiction

The practical authority given to the court is known as its
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
(from Latin , from , "of the law", + , "to declare", + , ''noun-forming suffix''), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone's '' Commentaries on the Laws of England,'' a court (for civil wrongs) is constituted by a minimum of three parties: the or plaintiff, who complains of an injury done; the or
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one juris ...
, 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 apply a legal remedy. 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, and perhaps a
jury A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgmen ...
. ''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
Legal Information Institute, Cornell Law School.
Three basic components of jurisdiction are personal jurisdiction over an individual or thing (), jurisdiction over the particular subject matter ( subject-matter jurisdiction) and territorial jurisdiction. Jurisdiction over a person refers to the full authority over a person regardless of 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 A general officer is an Officer (armed forces), officer of high rank in the army, armies, and in some nations' air force, air and space forces, marines or naval infantry. In some usages, the term "general officer" refers to a rank above colone ...
, exclusive,
appellate In law, an appeal is the process in which Legal case, 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 cla ...
, 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 Constitution of the United States, United States Constitution and Law of the United States, laws of the fed ...
) diversity jurisdiction.


Types and organization of courts

Courts may be organized into a hierarchy of courts and have specific jurisdiction and include specialized courts.


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 heard by higher courts with the power of appellate review (appellate courts). ...
s are courts that hold trials. Sometimes termed "courts of first instance", trial courts have varying original jurisdiction. Trial courts may conduct trials with juries as the finders of fact (these are known as jury trials) or trials in which judges act as both finders of fact and finders of law (in some jurisdictions these are known as bench trials). Juries are less common in court systems outside the Anglo-American common law tradition.
Appellate court 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 a case upon appeal from a trial court or other lower tribunal. Appel ...
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 Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
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 Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...
, specifically a civil body of law entitled . 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. In the common law system, most courts follow the
adversarial system The adversarial system (also adversary system, accusatorial system, or accusatory 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 peopl ...
. Procedural law governs the rules by which courts operate:
civil procedure Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or ca ...
for private disputes (for example); and
criminal procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
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 The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute ...
, based in
The Hague The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the c ...
, in the Netherlands, or the Court of Permanent Lok Adalat (Public Utility Services), based in India.


International courts

* International judicial institution *
International Court of Justice The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, internation ...
*
International Criminal Court The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute ...
* International Court of Arbitration


List of types and organization of courts

*
Administrative court An administrative court is a type of specialized court on 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 usually co ...
* Admiralty court *
Appellate court 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 a case upon appeal from a trial court or other lower tribunal. Appel ...
* Circuit court * City court * Constitutional court * Commercial court * Community court * Court of cassation * Court of marine inquiry * Court of record * Court-martial * District court * Domestic violence court * Drug court * DWI court * Ecclesiastical court * Equity court * Extraordinary court * Family court * Girl's court * High court *
International court International courts are formed by treaties between Nation, nations, or by an international organization such as the United Nations – and include ''ad hoc'' tribunals and permanent institutions but exclude any courts arising purely under nationa ...
* Juvenile court * Labor court * Land court * Livability 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 revie ...
* Mental health court * Ordinary court * Patent court * Probate court * Small claims court * Specialized court * Superior court * Supreme court * Tax court * Teen court *
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 heard by higher courts with the power of appellate review (appellate courts). ...
* Veterans' court


Court television shows

Television show courts, which are often not part of the judicial system and are generally private arbitrators, are depicted within the court show 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'' * '' Eye for an Eye'' * '' Judge Alex'' * '' Judge Joe Brown'' * '' Judge Judy'' * '' Judge Mathis'' * '' Judge Rinder'' * '' Paternity Court'' * '' The People's Court''


See also

* Kangaroo court


References


External links

* * {{Authority control *