Court

For other uses, see Court (disambiguation).
A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermann's Microcosm of London (1808–11).

A court is a tribunal, often as 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.[1] 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; court facilities range from simple and very small facilities in rural communities to large buildings in cities.

The practical authority given to the court is known as its jurisdiction (Latin jus dicere) – the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone's Commentaries on the Laws of England, a court is constituted by a minimum of three parties: the actor or plaintiff, who complains of an injury done; the reus or defendant, who is called upon to make satisfaction for it, and the judex or judicial power, 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 to apply a legal remedy. It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants,[2] though, often, courts consist of additional barristers, bailiffs, reporters, and perhaps a jury.

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.[3]

In the United States, the legal authority of a court to take action is based on personal jurisdiction, subject-matter jurisdiction, and venue 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. The English word court is a cognate of the Latin word hortus (meaning "garden", hence horticulture and orchard), both referring to an enclosed space.[4]

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

Main article: Jurisdiction

The word jurisdiction comes from juris and dictio (a speaking and pronouncing of the law).[6] Jurisdiction is defined as the "power of a court to adjudicate cases and issue orders."[7]

"Whether a given court has jurisdiction to preside over a given case" is a key question in any legal action.[7] Three basic components of jurisdiction are jurisdiction over the person (personal jurisdiction or jurisdiction in personam); jurisdiction over the particular subject matter (subject-matter jurisdiction) or thing (res) (in rem jurisdiction);[7] and jurisdiction to render the particular judgment sought.[7]

Other concepts of jurisdiction include general jurisdiction, exclusive jurisdiction, territorial jurisdiction, appellate jurisdiction, and (in the United States federal courts) diversity jurisdiction.[7]

Trial and appellate courts

Trial courts are courts that hold trials. Sometimes termed "courts of first instance", trial courts have varying original jurisdiction. Trial courts may conduct trials with juries as 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 (in some jurisdictions 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.

Some courts, such as the Crown Court in England and Wales may have both trial and appellate jurisdictions.

Civil law courts and common law courts

The two major legal traditions of the western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that, they are products of western culture although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman Law, specifically, a civil body of law entitled "Corpus iuris civilis".[8] This theory of civil law was rediscovered around the end of the eleventh century and became a foundation for university legal education starting in Bologna, Spain and subsequently being taught throughout continental European Universities.[8] Civil law is firmly ensconced in the French and German legal systems. Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066.[9] The royal judges created a body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions.[9] This common standard of law became known as "Common Law". This legal tradition is practiced in the English and American legal systems. 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. In recent years international courts are being created to resolve matters not covered by the jurisdiction of national courts. For example, The International Criminal Court, based in The Hague, in The Kingdom of The Netherlands.

Court television shows

Television show courts, which are not part of the judicial system, are depicted within the court show genre; however, the courts depicted have been criticized as misrepresenting real-life courts of law and the true nature of the legal system.[10] Types of court shows include:

General

Types and organization of courts

References

  1. ↑ Walker, David (1980). The Oxford companion to law. Oxford: Oxford University Press. p. 301. ISBN 0-19-866110-X.
  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. 1 2 Harper, Douglas. "court (n.)". Online Etymology Dictionary. Retrieved 21 May 2015.
  5. ↑ Centre National De Ressources Textuelles et Lexicales
  6. ↑ The Federalist No. 81, footnote 3.
  7. 1 2 3 4 5 Jurisdiction, Legal Information Institute, Cornell Law School.
  8. 1 2 von Mehren, Arthur T.; Murray, Peter L. (8 Jan 2007). Law in the United States. Cambridge University Press. ISBN 9781139462198. Retrieved 21 May 2015.
  9. 1 2 Burnham,, William (2006). Introduction to the Law and Legal System of the United States (4th ed.). St. Paul (Minn.): Thomson-West. ISBN 9780314158987.
  10. ↑ Judicial Process: Law, Courts, and Politics in the United States - David W. Neubauer, Stephen S. Meinhold. Google Books. Retrieved 2013-06-24.

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