Information AboutCourt |
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A court is an official, public forum which a Sovereign establishes by lawful authority to Adjudicate disputes, and to dispense Civil , labour, administrative and Criminal Justice under the Law . In Common Law and Civil Law States , the courts are the central means for Dispute Resolution , and it is generally understood that all persons have a right to bring their claims before a court. Similarly, those accused of a crime have the right to present their defense before a court. Trial and appellate courts Each state establishes the court system for the territory under its control. This system allocates work to the courts or authorized individuals by granting both under the direction of the judge who makes findings 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. In a common law system, appellate courts may be arranged in a hierarchy and their function is to review the decisions of trial courts (and of lower appellate courts) and, generally, they only address questions of law, i.e. whether the lower courts interpreted and applied the law correctly, or procedure. These hearings do not usually involve considering factual matters unless new Evidence has come to light. Such factual evidence as is admitted will only be considered for the purposes of deciding whether the case should be remitted to a first instance court for a retrial unless, in criminal proceedings, it is so clear that there has been a Miscarriage Of Justice that the Conviction can be Quash ed. Personal jurisdiction In the United States, a court must have , ''in Rem'' Jurisdiction , and ''quasi In Rem'' Jurisdiction . A detailed discussion of personal jurisdiction is beyond the scope of this article; however, personal jurisdiction (in the United States) generally refers to the legal sufficiency of the connection between the defendant and the forum (the U.S. State ) in which the court is located. See, for example, Pennoyer V. Neff . See also Minimum Contacts and International Shoe V. Washington . 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 Great 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 . Operations Most courts conduct their official business in a Courtroom , a physical space designed to accommodate the purposes of having arguments and Evidence presented before a judge and, if applicable, a jury. Sometimes, multiple courtrooms are located in a specialized building called a Courthouse . Both uni-personal and pluri-personal courts exist. The various matters which come before a pluri-personal court usually come into the ambit of a particular judge, or of a judicial officer (such as a Court Commissioner ) serving in the capacity of a Judge Pro Tem . Every division of courts has a presiding judge and may have one or more other judges and/or judicial officers assigned to various court departments. In some jurisdictions, judges are appointed to specific courts. In others, a team of judges will service a number of courts in a Circuit . Tribunal See Arbitration . See also General
Court terminology
Types and organization of courts
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