A court is a legal institution or tribunal with the authority to adjudicate disputes, interpret and apply laws, and administer justice. It serves as a forum for resolving legal conflicts between parties, including individuals, organisations, and government entities. Courts hear various types of cases, including civil, criminal, family, probate, and administrative matters, and may have specialised jurisdictions or functions based on the laws and regulations of the jurisdiction in which they operate. Courts operate according to established legal procedures and rules of evidence, ensuring fairness, impartiality, and due process in their proceedings. Judges or magistrates preside over court hearings and trials, rendering decisions based on the law and evidence presented. Courts play a fundamental role in upholding the rule of law, protecting individual rights, and resolving disputes within society.
n.
- the judge, as in “The court rules in favour of the plaintiff.”
- any official tribunal (court) presided over by a judge or judges in which legal issues and claims are heard and determined.
In the United States, there are essentially two systems: federal courts and state courts.
The basic federal court system has jurisdiction over cases involving federal statutes, constitutional questions, actions between citizens of different states, and certain other types of cases. Its trial courts are district courts in one or more districts per state, over which there are district courts of appeal (usually three-judge panels) to hear appeals from judgements of the district courts within the “circuit.”
There are 10 geographic circuits throughout the nation. Appeals on constitutional questions and other significant cases are heard by the Supreme Court, but only if that court agrees to hear the case.
There are also special federal courts, such as bankruptcy and tax courts, with appeals directed to the District Courts. Each state has local trial courts, which include courts for misdemeanours (non-penitentiary crimes), smaller demand civil actions (called municipal, city, justice, or some other designation), and then courts, usually set up in each county (variously called Superior, District, County, Common Pleas courts and called Supreme Court in New York) to hear felonies (crimes punished by state prison terms), estates, divorces, and major lawsuits. The highest state court is called the State Supreme Court, except in New York and Maryland, which call it the Court of Appeals. Some 29 states have intermediate appeals courts that hear appeals from trial courts, which will result in final decisions unless the State Supreme Court chooses to consider the matter. Some states have specialty courts for family, surrogate, and domestic relations. Small claims courts are an adjunct of the lowest courts, handling lesser disputes (although California’s limit is $5,000) with no representation by attorneys and short and somewhat informal trials conducted by judges, commissioners, or lawyers.
The great number of law cases and lawyers’ procedural manoeuvres has clogged courts’ calendars and induced many states or local courts to set up mediation, arbitration, mandatory settlement conferences, and other formats to encourage settlement or early judgements without the cost and wait of full court trials.
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 the ability to bring their claims before a court. Similarly, those accused of a crime have the right to present their defence 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” 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.
In the United States, the legal authority of a court to take action is based on three major issues:
- Personal jurisdiction;
- Subject matter jurisdiction; and
- 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 authorised 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 judgement 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 on the judicial system in France, while 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.
The purpose of a court is to provide a forum for the resolution of legal disputes and to administer justice.
Courts hear a wide range of cases, including criminal cases, civil cases, family law cases, and probate cases.
A trial court is where a case is first heard and decided, while an appellate court reviews the decision of a trial court.
The role of a judge is to preside over the proceedings, make rulings on legal issues, and ultimately decide the outcome of the case.
The role of a jury is to hear the evidence presented in a case and make a decision based on the facts presented.
The burden of proof is the obligation of the party bringing the case to prove their case by a preponderance of the evidence or beyond a reasonable doubt.
The process for appealing a court decision involves filing a notice of appeal and presenting arguments to an appellate court.
A civil court case involves a dispute between two parties, while a criminal court case involves the prosecution of a person for a crime.
The role of an attorney is to represent their client’s interests, present evidence and arguments, and advocate for their client’s position in court.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 10th April 2024.
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