Courts generally consist ofjudges or otherjudicial officers, and are usually established and dissolved throughlegislation enacted by alegislature. Courts may also be established byconstitution or an equivalent constituting instrument.
The system of courts that interprets and applies thelaw is collectively known as thejudiciary. The place where a court sits is known as avenue. The room where court proceedings occur is known as acourtroom, and the building as acourthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities.
The practical authority given to the court is known as itsjurisdiction (from Latiniūrisdictiō, fromiūris, "of thelaw", +dīcō, "to declare", +-tiō,noun-forming suffix), the court's power to decide certain kinds of questions or petitions put to it. According toWilliam Blackstone'sCommentaries on the Laws of England, a court (forcivil wrongs) is constituted by a minimum of three parties: theāctor orplaintiff, who complains of an injury done; thereus ordefendant, who is called upon to make satisfaction for it; and thejūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by itsofficers apply alegal 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 ajury.
The wordcourt comes from the Frenchcour, an enclosed yard, which derives from the Latin formcōrtem, the accusative case ofcohors, which again means an enclosed yard or the occupants of such a yard. The English wordcourt is thus a descendant of the Latin wordhortus from Ancient Greekχόρτος (khórtos) (meaning "garden", hence horticulture and orchard), both referring to an enclosed space.[3]
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.[3][4]
The termthe court is used to refer to thepresiding officer or officials, usually one or morejudges. The judge or panel of judges may also be collectively referred to as "thebench" (in contrast toattorneys andbarristers, collectively referred to as "thebar").[5] In the United States, the legal authority of a court to take action is based onpersonal jurisdiction over the parties to the litigation andsubject-matter jurisdiction over the claims asserted.
The system of courts that interprets and applies thelaw is collectively known as thejudiciary. The place where a court sits is known as avenue. The room where court proceedings occur is known as acourtroom, and the building as acourthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities.
The practical authority given to the court is known as itsjurisdiction (from Latiniūrisdictiō, fromiūris, "of thelaw", +dīcō, "to declare", +-tiō,noun-forming suffix), the court's power to decide certain kinds of questions or petitions put to it. According toWilliam Blackstone'sCommentaries on the Laws of England, a court (forcivil wrongs) is constituted by a minimum of three parties: theāctor orplaintiff, who complains of an injury done; thereus ordefendant, who is called upon to make satisfaction for it; and thejūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by itsofficers apply alegal 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 ajury.Jurisdiction is defined as the official authority to make legal decisions and judgements over a person or material item within a territory.[6]
"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 arepersonal jurisdiction over an individual or thing (rēs), jurisdiction over the particular subject matter (subject-matter jurisdiction) andterritorial jurisdiction.[7] Jurisdiction over a person refers to the full authority over a person regardless of where they live, jurisdiction over a particular subject matter refers to the authority over the said subject of legal cases involved in a case, and lastly territorial jurisdiction is the authority over a person within an x amount of space.
Trial courts are courts that holdtrials. Sometimes termed "courts of first instance", trial courts have varyingoriginal jurisdiction. Trial courts may conduct trials with juries as thefinders of fact (these are known asjury trials) or trials in which judges act as both finders of fact andfinders of law (in some jurisdictions these are known asbench trials). Juries are less common in court systems outside theAnglo-American common law tradition.
The two major legal traditions of the western world are thecivil law courts and thecommon 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 uponRoman law, specifically a civil body of law entitledCorpus Juris 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, Italy and subsequently being taught throughout continental European universities.[8]
Civil law is firmly ensconced in theFrench andGerman legal systems. Common law courts were established by English royal judges of the King's Council after theNorman 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 theEnglish andAmerican legal systems. In most civil law jurisdictions, courts function under aninquisitorial system. In the common law system, most courts follow theadversarial system.Procedural law governs the rules by which courts operate:civil procedure for private disputes (for example); andcriminal 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, theInternational Criminal Court, based inThe Hague, in the Netherlands, or the Court of PermanentLok Adalat (Public Utility Services), based in India.
Television show courts, which are often not part of the judicial system and are generallyprivate arbitrators, are depicted within thecourt 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][11] Notable court shows include:
^See generally28 U.S.C.§ 1: "The Supreme Court of the United Statesshall consist of aChief Justice of the United States andeight associate justices [ . . . ]" (italics added);28 U.S.C.§ 43(b): "Each court of appealsshall consist of thecircuit judges of the circuit in regular active service." (italics added);28 U.S.C.§ 132(b) (in part): "Each district courtshall consist of thedistrict judge or judges for the district in regular active service." (italics added);28 U.S.C.§ 151 (in part): "In each judicial district, thebankruptcy judges in regular active serviceshall constitute a unit of the district court to be known as the bankruptcy court for that district [ . . . ]" (italics added).
