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Ordinary court or Judicial court is a type of court with comprehensive
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 ...
compared to ' Specialized court' with limited jurisdiction over specific filed of matters, such as intellectual property court. Due to its comprehensive feature, ordinary courts usually deal with
civil case - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil acti ...
and
criminal case Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law ...
, and treated as core part of conventional judiciary. Especially for common law countries, the term ''
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 ...
'' is used for courts with general jurisdiction (regardless of instance level in chain of appellate procedure), compared to courts with limited jurisdiction over minor, petty cases such as '' small claims court''. Sometimes, the term ''ordinary court'' is referred to courts with regular procedure or composition, compared to an ''
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 infri ...
'' with irregular procedure or composition.


Ordinary courts by country


France

In France, ordinary courts (''french: ordre judiciaire'') are courts under TITLE VIII of
Constitution of France The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic , and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a Consti ...
separated from
administrative courts 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 ...
and
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 ...
. These ordinary courts mainly deals with civil and criminal cases, and are composed of judges called 'magistrates (''french: Magistrat'')' educated from French National School for the Judiciary, while judges composing administrative court and constitutional court are usually not trained in French National School for the Judiciary. Chain of ordinary court's hierarchy inside
French judiciary In France, career judges are considered civil servants exercising one of the sovereign powers of the state, so French citizens are eligible for judgeship, but not citizens of the other EU countries. France's independent court system enjoys speci ...
has
Court of Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In t ...
as their
highest court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
.


Germany

In Germany, ordinary courts are explained as courts with 'ordinary jurisdiction (''german: Ordentliche Gerichtsbarkeit'')', compared to special jurisdictions such as administrative, labour, social security, and fiscal law. Though each of these five jurisdictions including ordinary jurisdiction has its own
highest court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
(usually translated as ' Federal Courts', ''german: Bundesgericht''), all of jurisdictions share same route of legal education and training for Judges. The Federal Court of Justice is
highest court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
of chain of ordinary court's hierarchy. Under ordinary jurisdiction, Federal Patent Court is established as
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 ...
of Federal Court of Justice concerning intellectual property matters. It is notable that court rulings from each of Federal Courts cannot be appealed, yet can be reviewed as
constitutional complaint The constitutional complaint (german: Verfassungsbeschwerde) is a remedy found in Germany for protection of constitutional rights. It derives from Article 93 Sec. 1 Nr. 4a of the Basic Law. It resembles in certain respects the '' amparo'' rem ...
(''german: Urteilsverfassungsbeschwerde'') in Federal Constitutional Court, which is outside of chain of ordinary court's hierarchy, concerning specific issues on
constitutionality Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
of such ruling.


South Korea

In South Korea, ordinary courts ('' ko, 일반법원'') are founded by Chapter V, Article 101 of
Constitution of South Korea The Constitution of the Republic of Korea () is the supreme law of South Korea. It was promulgated on July 17, 1948, and last revised on October 29, 1987. Background The Provisional Charter of Korea The preamble of the Constitution of South ...
and 'Court Organization Act', separated from
Military courts Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodi ...
('' ko, 군사법원'' by Chapter V, Article 110) and
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 ...
('' ko, 헌법재판소'' by Chapter VI, Article 111). These ordinary courts are usually referred to merely as 'Court' ('' ko, 법원''), and have Supreme Court of Korea as their
highest court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. Inside chain of ordinary court's hierarchy, there are
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 ...
s with specialized jurisdictions, such as family court,
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 ...
, patent court and bankruptcy court according to Article 3(1) of the Act. Unlike Germany, whether rulings from ordinary courts can be reviewed as
constitutional complaint The constitutional complaint (german: Verfassungsbeschwerde) is a remedy found in Germany for protection of constitutional rights. It derives from Article 93 Sec. 1 Nr. 4a of the Basic Law. It resembles in certain respects the '' amparo'' rem ...
remains as controversy in South Korea.


See also

* Court * Specialized court *
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 ...
*
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 infri ...
*
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 ...


References


External links


List of National Ordinary Courts in Europe, European e-Justice Portal
{{Authority control Courts by type