A court is a form of tribunal Tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate appearing before a Court on which a single Judge was sitting could describe that judge as 'their tribunal'. Many governmental bodies, often a governmental A government is the organization, or agency through which a political unit exercises its authority, controls and administers public policy, and directs and controls the actions of its members or subjects institution Institutions are structures and mechanisms of social order and cooperation governing the behavior of a set of individuals within a given human collectivity. Institutions are identified with a social purpose and permanence, transcending individual human lives and intentions, and with the making and enforcing of rules governing cooperative human, with the authority Authority, from the Latin word auctoritas, means invention, advice, opinion, influence, or command. Essentially authority is imposed by superiors upon inferiors either by force of arms or by force of argument (sapiential authority). Usually authority has components of both compulsion and persuasion. For this reason, as used in Roman law, authority to adjudicate 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. Three types of disputes are resolved through adjudication: legal disputes A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal. There is a defendant and an accuser between parties A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law and carry out the administration of justice Justice is the concept of moral rightness based on ethics, rationality, law, natural law, religion, fairness, or equity, along with the punishment of the breach of said ethics in civil Private law is that part of a legal system that involves relationships between individuals. This includes the law of contracts or torts and the law of obligations. It is distinguished from public law, which deals with law involving the state, including regulatory statutes, penal law and other law of public order, criminal Criminal law, or penal law, is the bodies of rules with the potential for severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision , or fines. There are some archetypal crimes, like murder, but the acts that are forbidden, and administrative Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making matters in accordance with the rule of law While the rule of law has been described as "an exceedingly elusive notion" giving rise to a "rampant divergence of understandings", a dichotomy can be identified between two principal conceptions of the rule of law: a formalist or "thin" and a substantive or "thick" definition of the rule of law. Formalist.^[1] In both common law Common law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different and civil law Civil law is a legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not determined by judges. Conceptually, it is the group of legal ideas and systems ultimately derived from the Code of Justinian, but heavily overlaid by Germanic, ecclesiastical, feudal, and local practices, as legal systems The three major legal systems of the world today consist of civil law, common law and religious law. However, each country often develops variations on each system or incorporates many other features into the system, courts are the central means for dispute resolution One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them.[citation needed] Some individuals, notably Joseph Stalin, have stated that all problems emanate from man, and absent man, no, and it is generally understood that all persons have an ability to bring their claims before a court. Similarly, the rights of those accused The rights of the accused is a "class" of civil and political rights that apply to a person accused of a crime, from when he or she is arrested and charged to when he or she is either convicted or acquitted. Rights of the accused are generally based on the maxim of "innocent until proven guilty" and are embodied in due process of a crime include the right to present a defense In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability. Besides contesting the accuracy of any allegation made against him or her in a criminal or civil proceeding, a defendant may also make allegations against the prosecutor or plaintiff or raise a before a court.

The system of courts that interpret and apply the law Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and are collectively known as the judiciary The judiciary is the system of courts which interprets and applies the law in the name of the sovereign or state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law (that is, in a plenary fashion, which is the responsibility of the. The place where a court sits is known as a venue Venue is the location where a case is heard. In the United States, the venue is either a county or a district or division (for cases in federal court). Venue deals with locality of a lawsuit, that is, with questions of which court or courts with proper jurisdiction may hear a specific suit. A case can only be brought in a certain venue. For. The room where court proceedings occur is known as a courtroom The judge generally sits behind a raised desk, known as the bench. Behind the judge are the great seal of the jurisdiction and the flags of the appropriate federal and state governments. Judges usually wear a plain black robe . An exception was the late U.S. Supreme Court Chief Justice William Rehnquist, who broke tradition by adorning his robe, and the building as a courthouse A courthouse is a building that is home to a local court of law and often the regional county government as well, although this is not the case in some larger cities. The term is common in North America. In some other English speaking countries buildings which house courts are simply called "courts" or "court building"; court facilities range from simple and very small facilities in rural communities to huge buildings in large cities.

The practical authority given to the court is known as its jurisdiction Jurisdiction 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 administer justice within a defined area of responsibility. The term is also used to denote the geographical area or subject-matter to which such authority (Latin Latin or sometimes Roman is an Italic language originally spoken in Latium and Ancient Rome. Although often considered a dead language, in view of the fact that it has no native, fluent speakers, Latin continues to be taught in schools and has been, and currently is, used in the process of new word production in modern languages from many jus dicere) -- the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone Sir William Blackstone was an English judge, jurist and professor who produced the historical and analytic treatise on the common law entitled Commentaries on the Laws of England, first published in four volumes over 1765–1769. It had an extraordinary success, reportedly bringing the author £14,000, and still remains an important source on's Commentaries on the Laws of England The Commentaries on the Laws of England are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765-1769, a court is constituted by a minimum of three parties: the actor or plaintiff A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions, for the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an, who complains of an injury Injury is damage or harm caused to the structure or function of the body caused by an outside agent or force, which may be physical or chemical, and either by accident or intentional. Personal Injury also refers to damage caused to the reputation of another rather than physical harm to the body. A severe and life-threatening injury is referred to done; the reus or defendant A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. (Note that American lawyers and judges often pronounce the word slightly differently than is common in standard American, who is called upon to make satisfaction for it, and the judex or judicial power The judiciary is the system of courts which interprets and applies the law in the name of the sovereign or state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law (that is, in a plenary fashion, which is the responsibility of the, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers The generic term officer of the court applies to all those who, in some degree in function of their professional or similar qualifications, have a legal part—and hence legal and deontological obligations—in the complex functioning of the judicial system as a whole, in order to forge justice out of the application of the law and the to apply a legal remedy A legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will. It is also usual in the superior courts to have attorneys A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority, and deliver, and advocates or counsel, as assistants.^[2], though, often, courts consist of additional attorneys A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority, and deliver, bailiffs A bailiff is a governor or custodian (cf. bail); a legal officer to whom some degree of authority, care or jurisdiction is committed. Bailiffs are of various kinds and their offices and duties vary greatly, reporters Law reports or reporters are series of books that contain judicial opinions from a selection of case law decided by courts. When a particular judicial opinion is referenced, the law report series in which the opinion is printed will determine the case citation format, and perhaps a jury A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to judge whether an accused person is not guilty or guilty of a crime. (There is no such verdict as 'innocent').

The term "the court" is also used to refer to the presiding officer or officials, usually one or more judges A judge, or arbiter of justice, is a lead who presides over a court of law, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is like an umpire in a game and conducts the trial impartially and in an open court. The. The judge or panel of judges may also be collectively referred to as "the bench Bench in legal contexts means simply the location in a courtroom where a judge sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or benches when presiding over a court. In modern courtrooms, the bench is usually an elevated desk area that allows a judge to view the entire courtroom (see photo at" (in contrast to attorneys A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority, and deliver and barristers A barrister is a lawyer found in many common law jurisdictions that employ a split profession in relation to legal representation. In split professions, the other types of lawyers are mainly solicitors. Solicitors have more direct contact with the clients, whereas barristers often only become involved in a case once advocacy before a court is, collectively referred to as "the bar Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession"). 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.^[3]

In the United States ^ b. English is the de facto language of American government and the sole language spoken at home by 80% of Americans age five and older. Spanish is the second most commonly spoken language, the legal authority of a court to take action is based on personal jurisdiction Personal jurisdiction refers to a court's power over a particular defendant or an item of property (in rem jurisdiction). If a court does not have personal jurisdiction over a defendant or property, then the court cannot bind the defendant to an obligation or adjudicate any rights over the property. In the American legal system, personal, subject-matter jurisdiction Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court has the authority to only hear bankruptcy cases, and venue Venue is the location where a case is heard. In the United States, the venue is either a county or a district or division (for cases in federal court). Venue deals with locality of a lawsuit, that is, with questions of which court or courts with proper jurisdiction may hear a specific suit. A case can only be brought in a certain venue. For over the parties to the litigation.

Etymology

The word court comes from the French cour, an enclosed yard, which derives from the Latin form cortem, the accusative case of cohors, which again means an enclosed yard or the occupants of such a yard (from hortus = garden). The meaning of a judicial assembly is first attested in the 12th century, and derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard. The verb "to court", meaning to win favor, derives from the same source since people traveled to the sovereign's court to win his favor.^[4][5]

Jurisdiction

Jurisdiction, meaning "to speak the law," is the power of a court over a person or a claim. In the United States, a court must have both personal jurisdiction Personal jurisdiction refers to a court's power over a particular defendant or an item of property (in rem jurisdiction). If a court does not have personal jurisdiction over a defendant or property, then the court cannot bind the defendant to an obligation or adjudicate any rights over the property. In the American legal system, personal and subject matter jurisdiction Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court has the authority to only hear bankruptcy cases. 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 Jurisdiction 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 administer justice within a defined area of responsibility. The term is also used to denote the geographical area or subject-matter to which such authority 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

Trial courts are courts that hold trials. Sometimes termed "courts of first instance," trial courts have original jurisdiction over most cases. Trial courts may conduct trials with juries are the finders of fact (these are known as jury trials) or trials in which judges act as both finders of fact and finders of law (these are known as bench trials). Juries are less common in court systems outside the Anglo-American common law tradition.

Appellate courts are courts that hear appeals of lower courts and trial courts.

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.

See also

General

• Tribunal
• Sanctions (law)
• International judicial institution
• International Criminal Court
• List of people who have acted as their own attorney
• Court security

Types and organization of courts

• Appellate court
• Administrative court
• Constitutional court
• 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 Court Service
• Supreme court
• Trial court

Notes

1. ^ Walker, David (1980). The Oxford companion to law. Oxford: Oxford University Press. p. 301. ISBN 019866110X. http://books.google.com/?id=4GgYAAAAIAAJ.
2. ^ Blackstone's Commentaries, Book III., Ch. 3., p. 25, Yale Law School, Avalon Project
3. ^ See generally 28 U.S.C. § 1: "The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices [ . . . ]" (italics added); 28 U.S.C. § 43(b): "Each court of appeals shall consist of the circuit judges of the circuit in regular active service." (italics added); 28 U.S.C. § 132(b) (in part): "Each district court shall consist of the district judge or judges for the district in regular active service." (italics added); 28 U.S.C. § 151 (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).
4. ^ Centre National De Ressources Textuelles et Lexicales
5. ^ Online Etymologyl Dictionary

External links

• US federal courts
• Courtprep, Information about the Canadian justice process, features an interactive courtroom and witness tips.

Categories: Courts

See Also:

What Links Here:

Recently Viewed Pages:

• Home
• News
• Spam (Electronic): Blogs
• Police Harassment
• Hate: Blogs
• Harassment: Blogs
• Harassment: Encyclopedia
• Asian: Blogs
• Asian: Answers
• Hazing: Images

Most Popular Pages:

• Harassment: Blogs
• Asian: Blogs
• Police Harassment: Blogs
• Hate: Blogs
• Police Harassment
• Spam (Electronic): Blogs
• Hazing: Images
• News
• Asian: Answers
• Cyber Bullying: News

Related 'Court' Searches: