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Lower court

From Wikipedia, the free encyclopedia
Courts other than supreme court
For the type of court with limited jurisdiction over civil cases, seeSmall claims court.
TheMelbourne Magistrates' Court, the principal venue of theMagistrates' Court of Victoria. The Magistrates' Court is the lowest court of theVictorian court hierarchy
ThoughTokyo High Court has jurisdiction over first appeal cases asappellate court, it is still an inferior court toSupreme Court of Japan

Alower court orinferior court is acourt from which anappeal may be taken, usually referring to courts other thansupreme court.[1] 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 originaltrial court or some ofappellate court lower in rank than thesupreme court which is hearing the appeal. In other words, lower courts are 'lower' in hierarchical chain of appellate procedure than other higherappellate courts. Usually it is obligation of a lower court to follow the decision of higher appellate court, even in civil law countries whereprecedents have no binding power.[2]

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

See also

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References

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  1. ^For example, article III, section 1 of theUS constitution."Constitution of the United States". United States Senate. Retrieved2022-06-07.
  2. ^"Rogers, J. (1995). Lower Court Application of the "Overruling Law" of Higher Courts. Legal Theory, 1(2), 179". Retrieved2022-05-20.
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