COURT

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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.

Contents

Jurisdiction

Trial and appellate courts

Civil law courts and common law courts

Tribunal

Notes

See also

General

Court terminology

Types and organization of courts

External links

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 articles: Tribunal

.

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

★ Sanctions (law)

★ International judicial institution

★ International Criminal Court

★ List of people who have acted as their own attorney

Court terminology

★ Adjudication

★ Contempt of court

★ Court costs

★ Judicial economy

★ Jurist

★ Legal proceedings

★ Quash

★ Relevancy

★ Rebuttal

★ Subpoena

★ Testimony

★ Objection

★ Sustained

★ Overruled

Types and organization of courts

★ Appellate court

★ Constitutional Court

★ Court en banc

★ Court of Faculties

★ Court-martial

★ Courts of England and Wales

★ Ecclesiastical court

★ Equity court

★ Family court

★ High Court of Justiciary

★ Revolutionary Tribunal (French Revolution)

★ Scots Law

★ Scottish Courts Service

★ Supreme court

★ Trial court

External links

★ US federal courts

★ Court TV (coverage of major US trials)

★ Courtprep, Information about the Canadian justice process, features an interactive courtroom and witness tips.