Courts

Courts

Introduction

Courts, branch of government established to administer the civil and criminal law. The term court is also applied to the international tribunals intended to provide for the resolution at law of controversies among governments, namely, the Permanent Court of International Justice, established by the League of Nations after World War I, and by the International Court of Justice, established by the United Nations after World War II.

Courts are classified in many ways. Among the more usual general classifications are courts of record and courts not of record; courts of superior jurisdiction and courts of inferior jurisdiction; trial courts and appellate courts; and civil courts and criminal courts. In courts of record the proceedings are recorded completely; no detailed record is made of the proceedings in courts not of record. Police and magistrate’s courts in the United States are, in nearly all cases, courts not of record. Courts of superior jurisdiction, often called higher courts or appellate courts, are generally those to which appeals are made from decisions of courts of inferior jurisdiction, referred to as lower courts or trial courts. Civil and criminal courts deal with cases arising from infractions of the civil law and the criminal law, respectively. The judicial organs of military establishments are called military courts. Courts with special, limited jurisdictions are known by the names of those jurisdictions. For example, probate or surrogate’s courts are tribunals dealing with the probate of wills and the disposition of estates; military courts have jurisdiction over infractions by military personnel; and admiralty courts have jurisdiction over cases arising from maritime contracts and from violations of maritime law.

Other courts are designated by the territorial limits of their jurisdictions. Included in this classification are the territorial and state courts of the United States and the county courts of the U.S. and the United Kingdom. Municipal courts generally are criminal courts; however, a number have restricted civil jurisdiction.

Early Courts

See Early Courts.

Western European Tribunals

See Western European Tribunals

Later Developments in the British System

See English Court System

Court System in the United States

See Court System in the United States and Court System in that country.

Other World Developments

In France, the development of the judicial system after the breakup of the Carolingian Empire was similar to that in England: Both involved the vesting of central legal authority in the Crown after a protracted struggle with feudal manorial courts. The essential features of the judicial system now in effect in France were established after the French Revolution of 1789 by the Code Napoléon. This system includes lower courts of wide jurisdiction, intermediate courts of appeal, a court to resolve jurisdictional conflicts among courts, and a supreme appellate tribunal called the Court of Cassation. Many European and Latin American judicial systems are modeled on that of France.

In the Islamic world, the Qur’an (Koran) is the source of law; justice traditionally has been dispensed by specially trained priests in conjuction with the king, or sultan. In the 20th century, this system still prevails in such Islamic countries as Yemen and Saudi Arabia. In Turkey, however, executive, legislative, and judicial functions have been separated, and a judicial system similar to those of Western countries has evolved.

In other Middle Eastern and Asian countries that have attained independence since World War II, notably Sri Lanka, India, and Israel, the courts also operate similarly to those of the West, that is, as relatively independent institutions within a parliamentary framework.

In Communist countries, the judicial system was usually patterned after that of the USSR, which included a hierarchy of courts culminating in a supreme court. In the former Yugoslavia, however, all judges, even those of the highest tribunals, were elected, not appointed.

See Also

MPEPIL: International courts and tribunals
Unconstitutional Constitutional Courts
List of United Kingdom Court Reports
MPEPIL: International procedural law

Contributed By:

William O. Douglas, M.A., LL.B., LL.D. Late Associate Justice of the U.S. Supreme Court.
“Courts,”Microsoft® Encarta® Online Encyclopedia 2000

Introduction to Courts

Courts, branch of government established to administer the civil and criminal law. The term court is also applied to the international tribunals intended to provide for the resolution at law of controversies among governments, namely, the Permanent Court of International Justice, established by the League of Nations after World War I, and by the International Court of Justice, established by the United Nations after World War II.

Courts are classified in many ways. Among the more usual general classifications are courts of record and courts not of record; courts of superior jurisdiction and courts of inferior jurisdiction; trial courts and appellate courts; and civil courts and criminal courts. In courts of record the proceedings are recorded completely; no detailed record is made of the proceedings in courts not of record. Police and magistrate’s courts in the United States are, in nearly all cases, courts not of record. Courts of superior jurisdiction, often called higher courts or appellate courts, are generally those to which appeals are made from decisions of courts of inferior jurisdiction, referred to as lower courts or trial courts. Civil and criminal courts deal with cases arising from infractions of the civil law and the criminal law, respectively. The judicial organs of military establishments are called military courts. Courts with special, limited jurisdictions are known by the names of those jurisdictions. For example, probate or surrogate’s courts are tribunals dealing with the probate of wills and the disposition of estates; military courts have jurisdiction over infractions by military personnel; and admiralty courts have jurisdiction over cases arising from maritime contracts and from violations of maritime law.

Other courts are designated by the territorial limits of their jurisdictions. Included in this classification are the territorial and state courts of the United States and the county courts of the U.S. and the United Kingdom. Municipal courts generally are criminal courts; however, a number have restricted civil jurisdiction.” (1)

International, Hybrid, and Other Tribunals

In relation to the international law practice and international, hybrid, and other tribunals in this world legal Encyclopedia, please see the following section:

International Criminal Law

About this subject:

Special Tribunal for Lebanon

Note: there is detailed information and resources under these topics during the year 2013, covered by this entry on international, hybrid, and other tribunals in this law Encyclopedia.

European Court and Europe

There is an entry on european court in the European legal encyclopedia.

Court of First Instance and Europe

There is an entry on court of first instance in the European legal encyclopedia.

Introduction

Courts

This entry provides an overview of the legal framework of courts, with a description of the most significant features of courts at international level.

Related Work and Conclusions

Court of Chivalry

Court of Pypowder, Py-powder, or Py-powders in the United States

Court, Hundred

Resources

See Also

  • Hundred Court

Resources

See Also

  • Court of Piepoudre

Resources

See Also

  • Court of Chivalry

Resources

See Also

References (Papers)

  • Chief Justice William Howard Taft’s Conception Of Judicial Integrity: The Legal History Of Tumey V. Ohio, Joshua E. Kastenberg, Aug 2017
  • The Stricter Standard: An Empirical Assessment Of Daubert’S Effect On Civil Defendants, Andrew Jurs, Scott Devito, Aug 2017
  • The Use And Reliability Of Federal Nature Of Suit Codes, Christina L. Boyd, David A. Hoffman, Jul 2017
  • Justice Scalia And Tonto Fistfight In Heaven, Ray Martin, Jul 2017
  • The Role Of The Prosecutor And The Grand Jury In Police Use Of Deadly Force Cases: Restoring The Grand Jury To Its Original Purpose, Ric Simmons, Jul 2017
  • Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein, Jun 2017

Resources

See Also

Further Reading

  • Entry “Court of First Instance” in the work “A Concise Encyclopedia of the European Union from Aachen to Zollverein”, by Rodney Leach (Profile Books; London)

Resources

See Also

Further Reading

  • Entry “European Court” in the work “A Concise Encyclopedia of the European Union from Aachen to Zollverein”, by Rodney Leach (Profile Books; London)

Resources

Notes and References

Guide to Courts

In this Section

Courts, Early Courts, Western European Tribunals,English Court System Developments, Courts Developments and Court Appointment.

The Legal History of Courts

This section provides an overview of Courts

Resources

See Also

  • Legal Biography
  • Legal Traditions
  • Historical Laws
  • History of Law

Further Reading

The Legal History of United States Federal Courts

This section provides an overview of United States Federal Courts

Resources

See Also

  • Legal Biography
  • Legal Traditions
  • Historical Laws
  • History of Law

Further Reading


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