court

Information about court

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A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermann's Microcosm of London (1808-11).


A court is a public forum used by a power base to adjudicate disputes and dispense civil, labour, administrative and criminal justice under its laws. In common law and civil law states, courts are the central means for dispute resolution, and it is generally understood that all persons have an ability to bring their claims before a court. Similarly, those accused of a crime have the right to present their defense before a court.

Court facilities range from a simple farmhouse for a village court in a rural community to huge buildings housing dozens of courtrooms in large cities.

A court is a kind of deliberative assembly with special powers, called its jurisdiction, to decide certain kinds of judicial questions or petitions put to it. It will typically consist of one or more presiding officers, parties and their attorneys, bailiffs, reporters, and perhaps a jury.

The term "court" is often used to refer to the president of the court, also known as the "judge" or the "bench", or the panel of such officials. For example, in the United States the term "court" (in the case of U.S. federal courts) by law is used to describe the judge himself or herself.[1]

In the United States, the legal authority of a court to take action is based on three major issues: (1) Personal jurisdiction; (2) Subject matter jurisdiction; and (3) Venue.

Jurisdiction

Jurisdiction, meaning "to speak the law" is the power of a court over a person or claim. In the United States, a court must have both personal jurisdiction and subject matter jurisdiction. Each state establishes a court system for the territory under its control. This system allocates work to courts or authorized individuals by granting both civil and criminal jurisdiction (in the United States, this is termed subject-matter jurisdiction). The grant of power to each category of court or individual may stem from a provision of a written constitution or from an enabling statute. In English law, jurisdiction may be inherent, deriving from the common law origin of the particular court.

Trial and appellate courts

Courts may be classified as trial courts (sometimes termed "courts of first instance") and appellate courts. Some trial courts may function with a judge and a jury: juries make findings of fact under the direction of the judge who reaches conclusions of law and, in combination, this represents the judgment of the court. In other trial courts, decisions of both fact and law are made by the judge or judges. Juries are less common in court systems outside the Anglo-American common law tradition.

Civil law courts and common law courts

The two major models for courts are the civil law courts and the common law courts. Civil law courts are based upon the judicial system in France, while the common law courts are based on the judicial system in Britain. In most civil law jurisdictions, courts function under an inquisitorial system. In the common law system, most courts follow the adversarial system. Procedural law governs the rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law.

Tribunal

Main article: Tribunal
Further information: arbitration.


Notes

1. ^ See generally : "The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices [ . . . ]" (italics added); : "Each court of appeals shall consist of the circuit judges of the circuit in regular active service." (italics added); (in part): "Each district court shall consist of the district judge or judges for the district in regular active service." (italics added); (in part): "In each judicial district, the bankruptcy judges in regular active service shall constitute a unit of the district court to be known as the bankruptcy court for that district [ . . . ]" (italics added).


See also

Another meaning of 'court' is the institutions that surround a monarchy (hence courtier): see Royal Household.

General

Court terminology

Types and organization of courts

External links

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 parties involved.
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Private law is that part of a legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems.
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Criminal justice is the system of legislation, practices, and organizations, used by government or the state, which are all directed to maintain social control, deter and control crime, and sanctioning those who violate laws.
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JUSTICE is a human rights and law reform organisation based in the United Kingdom. It is the British section of the International Commission of Jurists, the international human rights organisation of
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LAW may refer to:
  • Lightweight Anti-tank Weapon, like the M72 LAW (US Army) and the LAW 80 (British Army)
  • Palestinian Society for the Protection of Human Rights (also known as LAW)
  • League of American Bicyclists, formerly known as the League of American Wheelmen

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In common law legal systems, the law is created and/or refined by judges: a decision in the case currently pending depends on decisions in previous cases and affects the law to be applied in future cases.
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Civil law or Continental law or Romano-Germanic law is the predominant system of law in the world. Civil law as a legal system is often compared with common law.
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State is a defined group of people, living within defined territorial boundaries and more or less subject to an autonomous legal system exercising jurisdiction through properly constituted courts.
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jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to
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worldwide view of the subject.
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For "jury" meaning "makeshift", see jury rig.

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Personal jurisdiction in United States law refers to a court's power over a particular defendant (in personam jurisdiction) or an item of property (in rem jurisdiction).
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In civil procedure, the subject-matter jurisdiction of a court determines the kinds of claims or disputes over which it has jurisdiction, or the power to render a decision.
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jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to
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Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime.
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Motto
"In God We Trust"   (since 1956)
"E Pluribus Unum"   ("From Many, One"; Latin, traditional)
Anthem
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In civil procedure, the subject-matter jurisdiction of a court determines the kinds of claims or disputes over which it has jurisdiction, or the power to render a decision.
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A constitution is a system for governance, often codified as a written document, that establishes the rules and principles of an autonomous political entity. In the case of countries, this term refers specifically to a national constitution defining the fundamental political
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A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. Typically, statutes command, prohibit, or declare policy.
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English law, the legal system of England and Wales, is the basis of common law legal systems throughout the world (as opposed to civil law or pluralist systems in other countries, such as Scots law).
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Inherent Jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute limits that authority or grants exclusive jurisdiction to some other court or tribunal.
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trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute.
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In law, an appeal is a process for making a formal challenge to an official decision.

The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country.
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A judge or justice is an official who presides over a court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions.
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worldwide view of the subject.
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For "jury" meaning "makeshift", see jury rig.

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fact is something that is the case, something that actually exists, or something that can be verified according to an established standard of evaluation.[1][2] There is a range of other uses, depending on the context.
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A judgment (or judgement; `see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit. At the same time the court may also make a range of court orders, such as imposing a sentence upon a guilty defendant in a
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In common law legal systems, the law is created and/or refined by judges: a decision in the case currently pending depends on decisions in previous cases and affects the law to be applied in future cases.
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Civil law or Continental law or Romano-Germanic law is the predominant system of law in the world. Civil law as a legal system is often compared with common law.
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inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties.
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