Business, Legal & Accounting Glossary
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 judgments 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 them Court of Appeals. Some 29 states have intermediate appeals courts which hear appeals from trial courts which will result in final decisions unless the State Supreme Court chooses to consider the matter. Some states have speciality courts such as 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 has induced many states or local courts to set up mediation, arbitration, mandatory settlement conferences and other formats to encourage settlement or early judgments 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 an 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” 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.
In the United States, the legal authority of a court to take action is based on three major issues:
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.
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.
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.
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This glossary post was last updated: 27th April, 2020 | 0 Views.