Lower court in the context of "Appellate courts"

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⭐ Core Definition: 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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Lower court in the context of Magistrate

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, magistrate is a word applied to a person responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.

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Lower court in the context of Federal Court of Justice

The Federal Court of Justice (German: Bundesgerichtshof [bʊndəsɡəˈʁɪçtsˌhoːf] , BGH [beːɡeːˈhaː] ) is the highest court of civil and criminal jurisdiction in Germany. Its primary responsibility is the final appellate review of decisions by lower courts for errors of law. While, legally, a decision by the Federal Court of Justice is only binding with respect to the individual case in which it enters, de facto the court's interpretation of the law is followed by lower courts with almost no exception. Decisions handed down by the Federal Court of Justice can only be vacated by the Federal Constitutional Court for violating a provision of the German constitution, the Basic Law.

In addition to the court's appellate duties, a few judges of the Federal Court of Justice act as investigating judges in criminal investigations led by the Public Prosecutor General for a small number of exceptional offenses (such as crimes against humanity and the formation of terrorist organisations). As such, they are responsible for issuing search and arrest warrants, among other things.

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Lower court in the context of Justice of the peace

A justice of the peace (JP) is a judicial officer of a lower court, elected or appointed by means of a commission (letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are (or were) usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.

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Lower court in the context of Justices

Justice (abbreviation: [name], J. and other variations) is an honorific style and title traditionally used to describe a jurist who is currently serving or has served on a supreme court or some equal position. In some countries, a justice may have had prior experience as a judge or may have been appointed with no prior judicial experience. It is predominantly used today in the United States to distinguish those who serve on the U.S. Supreme Court from judges who serve on a lower court. Other countries, such as New Zealand and India, similarly use the title as a form of address for members of their highest courts.

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Lower court in the context of Dobbs v. Jackson Women's Health Organization

Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022), is a landmark decision of the United States Supreme Court in which the court held that the United States Constitution does not confer a right to abortion. The court's decision overruled both Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), devolving to state governments the authority to regulate any aspect of abortion that federal law does not preempt, as "direct control of medical practice in the states is beyond the power of the federal government" and the federal government has no general police power over health, education, and welfare.

The case concerned the constitutionality of a 2018 Mississippi state law that banned most abortion operations after the first 15 weeks of pregnancy. Jackson Women's Health Organization—Mississippi's only abortion clinic at the time—had sued Thomas E. Dobbs, state health officer with the Mississippi State Department of Health, in March 2018. Lower courts had enjoined enforcement of the law. The injunctions were based on the ruling in Planned Parenthood v. Casey (1992), which had prevented states from banning abortion before fetal viability, generally within the first 24 weeks, on the basis that a woman's choice for abortion during that time is protected by the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution.

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Lower court in the context of Magistrates' court (England and Wales)

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here; whilst notably family proceedings used to be dealt with in Magistrates' Courts, they are now dealt with in the Family Court (where Magistrates still sit). In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

All criminal proceedings start at a magistrates' court. Summary offences are lesser crimes (for example, public order offences and most driving matters) that can be punished under the magistrates' courts maximum sentencing powers of 12 months' imprisonment, and/or an unlimited fine. Indictable only offences, on the other hand, are serious crimes (e.g. rape, murder); if it is found at the initial hearing of the magistrates' court that there is a case to answer, they are committed to the Crown Court, which has a much wider range of sentencing power. Either-way offences are matters that can be dealt with either in the magistrates' court or in the Crown Court. Defendants have the option to elect for their case to be heard in the Crown Court, however magistrates also have the right to send the case to the Crown Court if at any time they consider that their sentencing powers are likely to be insufficient.

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