court

A space which is uncovered, but which may be partly or wholly inclosed by buildings or walls. When used in connection with a street, indicates a short street, blind alley, or open space like a short street inclosed by dwellings or other buildings facing thereon. A legislative assembly.

Parliament is called in the old books a court of the king, nobility, and commons assembled. This meaning of the word has also been retained in the titles of some deliberative bodies, such as the "General Court" of Massachusetts, i.e., the legislature. The person and suit of the sovereign; the place where the sovereign sojourns with his regal retinue, wherever that may be.

The English government is spoken of in diplomacy as the court of St. James, because the palace of St. James is the official palace.

An organ of the government, belonging to the judicial department, whose function is the application of the laws to controversies brought before it and the public administration of justice. The presence of a sufficient number of the members of such a body regularly convened in an authorized place at an appointed time, engaged in the full and regular performance of its functions. A body in the government to which the administration of justice is delegated.

A body organized to administer justice, and including both judge and jury. An incorporeal, political being, composed of one or more judges, who sit at fixed times and places, attended by proper officers, pursuant to lawful authority, for the administration of justice.

An organized body with defined powers, meeting at certain times and places for the hearing and decision of causes and other matters brought before it, and aided in this, its proper business, by its proper officers, viz., attorneys and counsel to present and manage the business, clerks to record and attest its acts and decisions, and ministerial officers to execute its commands, and secure due order in its proceedings.

The words "court" and "judge," or "judges," are frequently used in statutes as synonymous. When used with reference to orders made by the court or judges, they are to be so understood.

General Classification

Courts may be classified and divided according to several methods, the following being the more usual: Appellate courts. Such courts review decisions of inferior courts, and may be either intermediate appellate courts (court of appeals) or supreme courts.

See Court of Appeals

- Supreme Court. Article III courts.

See constitutional court

@ civil and criminal courts

The former being such as are established for the adjudication of controversies between individual parties, or the ascertainment, enforcement, and redress of private rights; the latter, such as are charged with the administration of the criminal laws, and the punishment of wrongs to the public. While in some states there are both civil and criminal courts, in most states the trial court is a court of general jurisdiction (q.v.)

@ court above

@ court below

@ court above, court below

court above, court below

In appellate practice, the "court above" is the one to which a cause is removed for review, whether by appeal, writ of error, or certiorari; while the "court below" is the one from which the case is removed (normally the trial court)

@ court in bank

@ court en banc

@ court in bank or en banc

court in bank (en banc)

A meeting of all the judges of a court, usually for the purposes of hearing arguments on demurrers, motions for new trial, etc., as distinguished from sessions of the same court presided over by a single judge or panel of judges.

See full court, below

@ court of competent jurisdiction

One having power and authority of law at the time of acting to do the particular act. One recognized by law as possessing the right to adjudicate a controversy. One having jurisdiction under the Constitution and/or laws to determine the question in controversy

@ court of general jurisdiction

A court having unlimited trial jurisdiction, both civil and criminal, though its judgments and decrees are subject to appellate review. A superior court; a court having full jurisdiction within its own jurisdictional area

@ court of limited jurisdiction

Court with jurisdiction over only certain types of matters; e.g. probate or juvenile court. When a court of general jurisdiction proceeds under a special statute, it is a "court of limited jurisdiction" for the purpose of that proceeding, and its jurisdiction must affirmatively appear

@ court of original jurisdiction

Courts where actions are initiated and heard in first instance

@ court of record

A court that is required to keep a record of its proceedings, and that may fine or imprison. Such record imports verity and cannot be collaterally impeached. De facto court. One established, organized, and exercising its judicial functions under authority of a statute apparently valid, though such statute may be in fact unconstitutional and may be afterwards so adjudged; or a court established and acting under the authority of a de facto government.

@

Equity courts and law courts.

The former being such as possess the jurisdiction of a chancellor, apply the rules and principles of chancery (i.e. equity) law, and follow the procedure in equity; the latter, such as have no equitable powers, but administer justice according to the rules and practice of the common law. Under Rules of Civil Procedure, however, equity and law have been merged at the procedural level, and as such this distinction no longer exists in the federal courts nor in most state courts, though equity substantive jurisprudence remains viable. Fed.R.Civil P. 2.

See Court of Chancery

- Court of Equity.

- full court

See court in bank.

@ spiritual courts

In English law, the ecclesiastical courts, or courts Christian. 3 Bl.Comm. 61.

See ecclesiastical courts.

@ superior and inferior courts

The former being courts of general original jurisdiction in the first instance, and which exercise a control or supervision over a system of lower courts, either by appeal, error, or certiorari; the latter being courts of small or restricted jurisdiction, and subject to the review or correction of higher courts. Sometimes the former term is used to denote a particular group or system of courts of high powers, and all others are called "inferior courts".

@ trial courts

Generic term for courts where civil actions or criminal proceedings are first commenced at the state level such are variously called municipal, circuit, superior, district, or county courts. At the federal level, the U.S. district courts are the trial courts.

@

As to the division of courts according to their jurisdiction, see jurisdiction.

As to several names or kinds of courts not specifically described in the titles immediately following, see admiralty court

- appellate court

- Arches Court

- bankruptcy proceedings (bankruptcy courts)

- circuit courts

- city courts

- claims court

- commonwealth court

- consistory courts

- constitutional court

- consular courts

- county (county courts)

- court-baron

- Court of High Commission

- Customs Court

- district (district courts)

- ecclesiastical courts

- family court

- federal courts

- forest courts

- instance court

- insular courts

- International Court of Justice

- justice's courts

- kangaroo court

- land court

- legislative courts

- maritime court

- mayor's court

- military courts

- moot court

- municipal courts

- orphan's courts

- police court

- prerogative court

- prize courts

- probate court

- superior (superior courts)

- supreme court

- surrogate court

- tax court

- United States Courts