A court is a tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and

Court

A court is a tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, 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, the rights of those accused of a crime include the right to present a defense 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, and the building as a courthouse. The term “the court” is also used to refer to the presiding officer or officials, usually one or more judges. The judge or panel of judges may also be collectively referred to as “the bench” (in contrast to attorneys and barristers, collectively referred to as “the bar”). In the United States, and other common law jurisdictions, the term “court” (in the case of U.S. federal courts) by law is used to describe the judge himself or herself.

A lower court is a court from which an appeal may be taken. In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed, which may be the original trial court or an appellate court lower in rank than the superior court which is hearing the appeal. In an absolute sense, a lower court is always the trial court; where an appellate court is describing the actions under review from the lower court, it is referring to the court that examined the evidence and testimony directly and made rulings upon it, rather than any intermediate appellate courts. However, a court that functions as a trial court in some instances may still be above another court. Relative to other trial courts, a lower court is a court of limited jurisdiction, especially one that is limited to hearing minor offenses, or civil actions involving a limited amount, as distinct from a superior court. The jurisdiction of the lower trial court in such jurisdictions is typically restricted to hearing minor claims and trying minor offenses, while the higher court may hear claims without an upper limit on the amount in controversy, and may try all crimes. The higher trial court may also have some power of appellate review over the lower.

A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction. A trial court of general jurisdiction is authorized to hear any type of civil or criminal case that is not committed exclusively to another court. In the trial court, evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called findings of fact are made based on the evidence. The court, presided over by one or more judges, makes findings of law based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials, the jury acting as trier of fact. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trials. In the case of most judges hearing cases through the bench trial process, they would prefer that all parties are given an opportunity to offer a vigorous and robust case presentation and are remanded or returned to their court on appeal.

A magistrates’ court is a lower court, where all the criminal proceedings start. Also some civil matters are decided here, namely family proceedings. They have been streamlined to swiftly and cheaply deliver justice. There are over 360 magistrates’ courts in England and Wales. Summary offences are smaller crimes that can be punished under the magistrates’ court’s limited sentencing powers – community sentences, fines, short custodial sentences. Indictable offences, on the other hand, are serious crimes (rape, murder); if an initial hearing at the magistrates’ court finds there is a case to answer, they are committed to (passed on to) the Crown Court, which has a much wider range of punishment. Either-way offences will ultimately fall into one of the previous categories depending on how serious the particular crime in question is.

An appellate court, commonly called an appeals court or court of appeals (American English) or appeal court (British English) or court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts. A jurisdiction’s Supreme Court is that jurisdiction's highest appellate court.

A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, apex court, and highest court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court.

Дата добавления: 2015-09-29