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Ordinary court or Judicial court is a type of
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 acco ...
with comprehensive subject-matter jurisdiction compared to '
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 ...
' 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, and treated as core part of conventional
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 ...
. Especially for
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 ...
countries, the term '' superior court'' 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 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 ...
''. Sometimes, the term ''ordinary court'' is referred to courts with regular procedure or composition, compared to an '' extraordinary court'' with irregular procedure or composition.


Ordinary courts by country


France

In
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
, ordinary courts (''french: ordre judiciaire'') are courts under TITLE VIII of Constitution of France 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 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 th ...
as their highest court.


Germany

In
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
, 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 (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 The Federal Court of Justice (german: Bundesgerichtshof, BGH) is the highest court in the system of ordinary jurisdiction (''ordentliche Gerichtsbarkeit'') in Germany, founded in 1950. It has its seat in Karlsruhe with two panels being situat ...
is highest court 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 The Federal Court of Justice (german: Bundesgerichtshof, BGH) is the highest court in the system of ordinary jurisdiction (''ordentliche Gerichtsbarkeit'') in Germany, founded in 1950. It has its seat in Karlsruhe with two panels being situat ...
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 (''german: Urteilsverfassungsbeschwerde'') in
Federal Constitutional Court The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its in ...
, 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 South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korean Peninsula and sharing a land border with North Korea. Its western border is formed by the Yellow Sea, while its eas ...
, 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 ('' 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 The Supreme Court of Korea () is the highest ordinary court in the judicial branch of South Korea, seated in Seocho, Seoul. Established under Chapter 5 of the Constitution of South Korea, the Court has ultimate and comprehensive jurisdicti ...
as their highest court. 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 s ...
, 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 remains as controversy in South Korea.


See also

*
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 acco ...
*
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 ...
*
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 ...
* Extraordinary court * Superior court


References


External links


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