Court in the context of Institution


Court in the context of Institution

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⭐ Core Definition: Court

A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law.

Courts generally consist of judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument.

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Court in the context of Jury

A jury is a sworn body of people (jurors) convened to hear evidence, make findings of fact, and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Most trial juries are "petit juries", and consist of up to 15 people. A larger jury known as a grand jury has been used to investigate potential crimes and render indictments against suspects, and consists of between 16 and 23 jurors.

The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United Kingdom, the United States, Canada, Australia, and Ireland. They are not used in most other countries, whose legal systems are based upon European civil law or Islamic sharia law, although their use has been spreading. Instead, typically guilt is determined by a single person, usually a professional judge. Civil law systems that do not use juries may use lay judges instead.

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Court in the context of Supreme court

In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction.

Civil law states tend not to have a single highest court. Some federations, such as the United States, also do not have a single highest court. The highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the supreme courts of several Canadian provinces/territories, and the former Supreme Court of Judicature of England and Wales and Supreme Court of Judicature of Northern Ireland, which are all subordinate to higher courts of appeal.

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Court in the context of Uncodified constitution

An uncodified constitution is a type of constitution where the fundamental rules often take the form of customs, usage, precedent and a variety of statutes and legal instruments. An explicit understanding of such a constitution can be developed through commentary by the judiciary, government committees or legal experts. In such a constitutional system, all these elements may be (or may not be) recognized by courts, legislators, and the bureaucracy as binding upon government and limiting its powers. Such a framework is sometimes imprecisely called an "unwritten constitution"; however, all the elements of an uncodified constitution are typically written down in a variety of official documents, though not codified in a single document. However, there may be truly "unwritten" constitutional conventions which while not usually legally enforceable may hold just as much sway as the letter of the law.

An uncodified constitution has the advantages of elasticity, adaptability, and resilience. A. V. Dicey described the uncodified constitution as "the most flexible polity in existence." A significant disadvantage, however, is that controversies may arise due to different understandings of the usages and customs that form the fundamental provisions of the constitution.

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Court in the context of Standing (law)

In law, standing or locus standi is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations:

  • The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. In informal terms, a party must have something to lose. The party has standing because they will be directly harmed by the conditions for which they are asking the court for relief.
  • The party is not directly harmed by the conditions for which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued existence of the harm may affect others who might not be able to ask a court for relief. In the United States, this is grounds for asking for a law to be struck down for violating the First Amendment to the Constitution of the United States, because, even though the plaintiff might not be directly affected, the law might adversely affect others, because they might not know when they were violating it. This is known as the "chilling effects" doctrine.
  • The party is granted automatic standing by act of law. For example, under some environmental laws in the United States, a party may sue someone causing pollution to certain waterways without a federal permit, even if the party suing is not harmed by the pollution being generated. The law allows the plaintiff to receive attorney's fees from the defendant if they substantially prevail in the action. In some U.S. states, a person who believes a book, film, or other work of art is obscene may sue in their own name to have the work banned directly without having to ask a district attorney to do so.

In the United States, a person may not bring a suit challenging the constitutionality of a law unless they can demonstrate that they are or will "imminently" be harmed by the law. Otherwise, the court will rule that the plaintiff lacks standing to bring the suit and will dismiss it without considering the merits of the claim of unconstitutionality.

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Court in the context of Judgment (law)

In law, a judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.

Speakers of British English tend to use the term at the appellate level as synonymous with judicial opinion. American English speakers prefer to maintain a clear distinction between the opinion of an appellate court (setting forth reasons for the disposition of an appeal) and the judgment of an appellate court (the pronouncement of the disposition itself).

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Court in the context of Judge

A judge is a person who presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court.

The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly.

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Court in the context of Court dress

Court dress comprises the style of clothes and other attire prescribed for members of courts of law. Depending on the country and jurisdiction's traditions, members of the court (judges, magistrates, and so on) may wear formal robes, gowns, collars, or wigs. Within a certain country and court setting, there may be many times when the full formal dress is not used. Examples in the UK include many courts and tribunals including the Supreme Court of the United Kingdom, and sometimes trials involving children.

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Court in the context of Judiciary

The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases.

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Court in the context of Judicial independence

Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.

Different countries deal with the idea of judicial independence through different means of judicial selection, that is, choosing judges. One method seen as promoting judicial independence is by granting life tenure or long tenure for judges, as it would ideally free them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England.

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Court in the context of Law enforcement

Law enforcement is the activity of some members of the government or other social institutions who act in an organized manner to enforce the law by investigating, deterring, rehabilitating, or punishing people who violate the rules and norms governing that society. The term encompasses police, courts and corrections. These three components of the criminal justice system may operate independently of each other or collectively through the use of record sharing and cooperation. Throughout the world, law enforcement are also associated with protecting the public, life, property, and keeping the peace in society.

The concept of law enforcement dates back to ancient times, and forms of law enforcement and police have existed in various forms across many human societies. Modern state legal codes use the term law enforcement officer or peace officer to include every person vested by the legislating state with police power or authority; traditionally, anyone sworn or badged who can arrest any person for a violation of criminal law is included under the umbrella term of law enforcement.

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Court in the context of Government of Puerto Rico

The government of Puerto Rico encompasses the local administrative structure of the archipelago and island of Puerto Rico, an unincorporated territory of the U.S. organized under the Constitution of Puerto Rico since its establishment as the Commonwealth of Puerto Rico in 1952. The government is a republican democracy divided into three branches: the law-implementing executive, the law-making legislative, and the law-interpreting judicial. The Governor is the chief executive, the Legislative Assembly is the legislature, and the Supreme Court is the highest court of the territory, which is divided into 78 municipalities, each one headed by a strong mayor and a unicameral legislature. Like U.S. states and other U.S. territories, Puerto Rico is subject to the sovereign jurisdiction of the U.S. federal government.

With the American annexation of Puerto Rico during the Spanish–American War, the U.S. established a military government to administer the unincorporated territory from 1898 to 1900, when it was replaced by a civil insular government organized under the organic acts of the Foraker Act from 1900 to 1917 and the Jones–Shafroth Act from 1917 to 1952. The Constitution of Puerto Rico established the Commonwealth of Puerto Rico and its government under the continued status of unincorporated territory in 1952. With the ratification of the constitution, the full authority and responsibility for the local administration of Puerto Rico was vested in the residents of Puerto Rico, resulting in complete self-governance within the archipelago and island.

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Court in the context of Original jurisdiction

In common law legal systems, original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.

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Court in the context of Court system of Canada

The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.

The Constitution of Canada gives the federal Parliament of Canada exclusive jurisdiction in criminal law, while the provinces have exclusive control over much of civil law. Each province has authority over the administration of justice within that province.

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Court in the context of Supreme Court of Judicature of England and Wales

The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

Except in constitutional matters, committed to the Supreme Court of the United Kingdom, the United Kingdom does not generally have a single unified legal system—England and Wales have one system, Scotland another, and Northern Ireland a third. There are additional exceptions to this rule; for example, in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom, while in employment law, there is a single system of employment tribunals for England, Wales, and Scotland but not Northern Ireland. Additionally, the Military Court Service has jurisdiction over all members of the armed forces of the United Kingdom in relation to offences against military law.

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Court in the context of Supreme Court of Judicature of Northern Ireland

The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland.

Prior to the partition of Ireland, Northern Ireland was part of the courts system of Ireland. After partition, Northern Ireland's courts became separate from the court system of the Republic of Ireland. Northern Ireland continues to have a separate legal system to the rest of the United Kingdom. There are exceptions to that rule, such as in immigration and military law, for which there is a unified judicial system for the whole United Kingdom.

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Court in the context of Case law

Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.

These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law.

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Court in the context of Lawsuit

A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.

A lawsuit may involve resolution of disputes involving issues of private law between individuals, business entities or non-profit organizations. A lawsuit may also involve issues of public law in the sense that the state is treated as if it were a private party in a civil case, either as a plaintiff with a civil cause of action to enforce certain laws or as a defendant in actions contesting the legality of the state's laws or seeking monetary damages for injuries caused by agents of the state.

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Court in the context of Plaintiff

A plaintiff (Π in legal shorthand) is the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). Plaintiff is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant".

In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a demand for relief. In other jurisdictions, the action is commenced by service of legal process by delivery of these documents on the defendant by a process server; they are only filed with the court subsequently with an affidavit from the process server that they had been given to the defendant according to the rules of civil procedure.

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Court in the context of Lower court

A lower court or inferior court is a court from which an appeal may be taken, usually referring to courts other than supreme court. In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed, which may be the original trial court or some of appellate court lower in rank than the supreme court which is hearing the appeal. In other words, lower courts are 'lower' in hierarchical chain of appellate procedure than other higher appellate courts. Usually it is obligation of a lower court to follow the decision of higher appellate court, even in civil law countries where precedents have no binding power.

Some common law countries use term "lower court" or "inferior court" as antonym for "superior court", meaning such lower courts have only limited jurisdiction according to importance of case (usually decided by monetary amount of claims). For information on this kind of courts, see Small claims court and superior court.

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