Editing Court

{{short description|Judicial institution with authority to resolve legal disputes}}
{{other uses}}
{{globalize|article|Western culture|date=December 2016|talk=Talk:Court#Not worldwide view}}
{{use dmy dates|date=May 2024}}
[[File:Microcosm of London Plate 058 - Old Bailey edited.jpg|thumb|A trial at the [[Old Bailey]] in [[London]] as drawn by [[Thomas Rowlandson]] and [[Augustus Pugin]] for ''Microcosm of London'' (1808–11)]]
[[File:Grand Hall de Justice de Palais de La Paix à La Haye Pays-Bas.jpg|thumb|The [[International Court of Justice]]]]

A '''court''' is an [[institution]], often a [[government]] entity, with the [[authority]] to adjudicate [[legal dispute]]s between [[Party (law)|parties]]  and [[Administration of justice|administer justice]] in [[Civil law (common law)|civil]], [[Criminal law|criminal]], and [[Administrative law|administrative]] matters in accordance with the [[rule of law]].

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

The practical [[authority]] given to the court is known as its [[jurisdiction]], which describes the court's power to decide certain kinds of questions, or [[Petition|petitions]] put to it. There are various kinds of courts, including [[trial court]]s, [[appellate court]]s, [[administrative court]]s, [[international court]]s, and [[tribunal]]s.

== Description ==
A court is any [[person]] or [[institution]], often as a [[government]] institution, with the authority to [[adjudicate]] [[legal dispute]]s between [[party (law)|parties]] and carry out the [[administration of justice]] in [[Civil law (common law)|civil]], [[Criminal law|criminal]], and [[Administrative law|administrative]] matters in accordance with the [[rule of law]].<ref name="Walker">{{cite book |last=Walker |first=David |url=https://archive.org/details/oxfordcompaniont0000walk |title=The Oxford Companion to Law |publisher=[[Oxford University Press]] |year=1980 |isbn=0-19-866110-X |place=Oxford |page=[https://archive.org/details/oxfordcompaniont0000walk/page/301 301] |url-access=registration}}</ref> In both [[common law]] and [[civil law (legal system)|civil law]] [[legal system]]s, courts are the central means for [[dispute resolution]], and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the [[criminal procedure|rights of those accused]] of a crime include the right to present a [[criminal defense|defense]] before a court.

The system of courts that interprets and applies the [[law]] is collectively known as the [[judiciary]]. The place where a court sits is known as a [[Venue (law)|venue]]. The room where court proceedings occur is known as a [[courtroom]], and the building as a [[courthouse]]; 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 its [[jurisdiction]] (from Latin {{lang|la|iūrisdictiō}}, from {{lang|la|iūris}}, "of the [[law]]", + {{lang|la|dīcō}}, "to declare", + {{lang|la|-tiō}}, ''noun-forming suffix''), the court's power to decide certain kinds of questions or petitions put to it. According to [[William Blackstone]]'s ''[[Commentaries on the Laws of England]],'' a court (for [[civil wrong]]s) is constituted by a minimum of three parties: the {{Lang|la|āctor}} or [[plaintiff]], who complains of an injury done; the {{Lang|la|reus}} or [[defendant]], who is called upon to make satisfaction for it; and the {{Lang|la|jūdex}} 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 its [[Officer of the court|officers]] apply a [[legal remedy]]. It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants,<ref name=":0">{{cite web |title=Blackstone's Commentaries on the Laws of England – Book the Third – Chapter the Third : Of Courts in General |url=http://avalon.law.yale.edu/18th_century/blackstone_bk3ch3.asp |access-date=23 December 2017 |website=Avalon Project}}</ref> though, often, courts consist of additional barristers, [[bailiff]]s, [[reporter (law)|reporters]], and perhaps a [[jury]].

==Etymology==
[[File:Riigikohus.jpg|thumb|The building of the [[Supreme Court of Estonia]] in [[Tartu]]]]
The word ''court'' comes from the French {{lang|fr|cour}}, an enclosed yard, which derives from the Latin form {{lang |la|cōrtem}}, the accusative case of {{lang |la|cohors}}, which again means an enclosed yard or the occupants of such a yard. The English word ''court'' is thus a descendant of the Latin word {{lang |la|hortus}} from Ancient Greek {{lang |grc |χόρτος}} ({{lang |grc-Latn |khórtos}}) (meaning "garden", hence horticulture and orchard), both referring to an enclosed space.<ref name=OEtD>{{cite web|last1=Harper|first1=Douglas|title=court (n.)|url=http://www.etymonline.com/index.php?term=court|website=Online Etymology Dictionary|access-date=21 May 2015}}</ref>

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.<ref name=OEtD /><ref>{{cite web|url=http://www.cnrtl.fr/etymologie/cour|title=COUR : Etymologie de COUR|website=Cnrtl.fr|access-date=23 December 2017}}</ref>

The term ''the court'' is used to refer to the [[Chairman|presiding officer]] or officials, usually one or more [[judge]]s. The judge or panel of judges may also be collectively referred to as "the [[Bench (law)|bench]]" (in contrast to [[Attorney at law|attorneys]] and [[barrister]]s, collectively referred to as "the [[Bar (law)|bar]]").<ref>See generally {{usc|28|1}}: "The Supreme Court of the United States ''shall consist'' of a ''Chief Justice'' of the United States and ''eight associate justices'' [ . . . ]" (italics added); {{uscsub|28|43|b}}: "Each court of appeals ''shall consist'' of the ''circuit judges'' of the circuit in regular active service." (italics added); {{uscsub|28|132|b}} (in part): "Each district court ''shall consist'' of the ''district judge or judges'' for the district in regular active service." (italics added); {{usc|28|151}} (in part): "In each judicial district, the ''bankruptcy judges'' in regular active service ''shall constitute a unit of the district court'' to be known as the bankruptcy court for that district [ . . . ]" (italics added).</ref> In the United States, the legal authority of a court to take action is based on [[personal jurisdiction]] over the parties to the litigation and [[subject-matter jurisdiction]] over the claims asserted.

The system of courts that interprets and applies the [[law]] is collectively known as the ''[[judiciary]]''. The place where a court sits is known as a [[Venue (law)|''venue'']]. The room where court proceedings occur is known as a ''[[courtroom]]'', and the building as a ''[[courthouse]]''; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities.

==Jurisdiction==
[[File:Courthousekav.jpg|300px|thumb|The Court House of [[Kavala]], [[Greece]]]]
{{Main|Jurisdiction}}
The practical authority given to the court is known as its [[jurisdiction]] (from Latin {{lang|la|iūrisdictiō}}, from {{lang|la|iūris}}, "of the [[law]]", + {{lang|la|dīcō}}, "to declare", + {{lang|la|-tiō}}, ''noun-forming suffix''), the court's power to decide certain kinds of questions or petitions put to it. According to [[William Blackstone]]'s ''[[Commentaries on the Laws of England]],'' a court (for [[civil wrong]]s) is constituted by a minimum of three parties: the {{Lang|la|āctor}} or [[plaintiff]], who complains of an injury done; the {{Lang|la|reus}} or [[defendant]], who is called upon to make satisfaction for it; and the {{Lang|la|jūdex}} 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 its [[Officer of the court|officers]] apply a [[legal remedy]]. It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants,<ref name=":0" /> though, often, courts consist of additional barristers, [[bailiff]]s, [[reporter (law)|reporters]], and perhaps a [[jury]]. ''Jurisdiction'' is defined as the official authority to make legal decisions and judgements over a person or material item within a territory.<ref>{{cite web |last= |first= |title=Jurisdiction |url=http://civilprocedure.uslegal.com/jurisdiction/ |access-date=23 December 2017 |website=Civil Procedure}}</ref>

"Whether a given court has jurisdiction to preside over a given case" is a key question in any legal action.<ref name="WexJurisdiction">[https://www.law.cornell.edu/wex/jurisdiction Jurisdiction], [[Legal Information Institute]], Cornell Law School.</ref> Three basic components of jurisdiction are [[personal jurisdiction]] over an individual or thing ({{Lang|la|rēs}}), jurisdiction over the particular subject matter ([[subject-matter jurisdiction]]) and [[territorial jurisdiction]].<ref name="WexJurisdiction"/> 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.

Other concepts of jurisdiction include [[general jurisdiction|general]], [[exclusive jurisdiction|exclusive]], [[appellate jurisdiction|appellate]], and (in the [[United States federal courts]]) [[diversity jurisdiction]].<ref name="WexJurisdiction"/>

== Types and organization of courts ==
Courts may be organized into a hierarchy of courts and have specific jurisdiction and include [[specialized court]]s.

=== Trial and appellate courts ===
[[File:Supreme Administrative Court of Finland 20180915 125125.jpg|thumb|A courtroom of the [[Supreme Administrative Court of Finland]]]]
[[Trial court]]s are courts that hold [[trial]]s. Sometimes termed "courts of first instance", trial courts have varying [[original jurisdiction]]. Trial courts may conduct trials with juries as the [[Trier of fact|finders of fact]] (these are known as [[jury trial]]s) or trials in which judges act as both finders of fact and [[Question of law|finders of law]] (in some jurisdictions these are known as [[bench trial]]s). Juries are less common in court systems outside the [[Anglosphere|Anglo-American]] common law tradition.

[[Appellate court]]s are courts that hear [[appeal]]s of lower courts and trial courts.

Some courts, such as the [[Crown Court]] in England and Wales, may have both trial and appellate jurisdictions.

=== Civil law courts and common law courts ===
The two major legal traditions of the western world are the [[Civil law (legal system)|civil law]] courts and the [[common 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 upon [[Roman law]], specifically a civil body of law entitled {{Lang|la|[[Corpus Juris Civilis]]}}.<ref name=LUS>{{cite book|last1=von Mehren|first1=Arthur T.|last2=Murray|first2=Peter L.|title=Law in the United States|date=8 Jan 2007|publisher=Cambridge University Press|isbn=9781139462198|url=https://books.google.com/books?id=9tpJlKdqVTsC|access-date=21 May 2015}}</ref> 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.<ref name="LUS"/>

Civil law is firmly ensconced in the [[Law of France|French]] and [[Law of Germany|German legal systems]]. Common law courts were established by English royal judges of the King's Council after the [[Norman Conquest|Norman Invasion of Britain]] in 1066.<ref name="BurnLUS">{{cite book |last1=Burnham |first1=William |url=https://archive.org/details/introductiontola0000burn_h8i3 |title=Introduction to the Law and Legal System of the United States |date=2006 |publisher=Thomson-West |isbn=9780314158987 |edition=4th |location=St. Paul (Minn.) |url-access=registration}}</ref> The royal judges created a body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions.<ref name="BurnLUS"/> This common standard of law became known as "Common Law". This legal tradition is practiced in the [[English law|English]] and [[Law of the United States|American legal systems]]. In most civil law jurisdictions, courts function under an [[inquisitorial system]]. In the common law system, most courts follow the [[adversarial system]]. [[Procedural law]] governs the rules by which courts operate: [[civil procedure]] for private disputes (for example); and [[criminal 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, the [[International Criminal Court]], based in [[The Hague]], in the Netherlands, or the Court of Permanent [[Lok Adalat]] (Public Utility Services), based in India.

=== International courts ===
[[File:Une des salles de réunion de la Cour permanente d'arbitrage.jpg|thumb|right|A courtroom of the [[Permanent Court of Arbitration]] of the [[United Nations]].]]
* [[International judicial institution]]
* [[International Court of Justice]]
* [[International Criminal Court]]
* [[International Court of Arbitration]]

=== List of types and organization of courts ===
{{div col|colwidth=20em}}
* [[Administrative court]]
* [[Admiralty court]]
* [[Appellate court]]
* [[Circuit court]]
* [[City court]]
* [[Constitutional court]]
* [[Commercial court]]
* [[Community court]]
* [[Court of cassation]]
* [[Court of marine inquiry]]
* [[Court of record]]
* [[Court-martial]]
* [[District court]]
* [[Domestic violence court]]
* [[Drug court]]
* [[DWI court]]
* [[Ecclesiastical court]]
* [[Equity court]]
* [[Extraordinary court]]
* [[Family court]]
* [[Girl's court]]
* [[High court]]
* [[International court]]
* [[Juvenile court]]
* [[Labor court]]
* [[Land court]]
* [[Livability court]]
* [[Lower court]]
* [[Mental health court]]
* [[Ordinary court]]
* [[Patent court]]
* [[Probate court]]
* [[Small claims court]]
* [[Specialized court]]
* [[Superior court]]
* [[Supreme court]]
* [[Tax court]]
* [[Teen court]]
* [[Trial court]]
* [[Veterans' court]]
{{div col end}}

==Court television shows==
Television show courts, which are often not part of the judicial system and are generally [[arbitration|private arbitrators]], are depicted within the [[court show]] genre; however, the courts depicted have been criticized as misrepresenting real-life courts of law and the true nature of the legal system.<ref name="GoogleBooksCourtroom">{{cite book |last1=Neubauer |first1=David W. |url=https://books.google.com/books?id=x7fOVPmlS4MC&q=judge+judy+courtroom&pg=PA159 |title=Judicial Process: Law, Courts, and Politics in the United States – David W. Neubauer, Stephen S. Meinhold |last2=Meinhold |first2=Stephen S. |date=2012-01-13 |isbn=978-1111357566 |access-date=2013-06-24}}</ref><ref>{{Cite web |last=Wolfson |first=Andrew |title='Deadbeat' derided for mixing reality TV, court |url=https://www.courier-journal.com/story/news/local/2014/10/14/deadbeat-derided-mixing-reality-tv-court/17267367/ |access-date=2024-09-18 |website=The Courier-Journal |language=en-US}}</ref> Notable court shows include:
{{div col}}
* ''[[Caso Cerrado]]''
* ''[[Eye for an Eye (2003 TV series)|Eye for an Eye]]''
* ''[[Judge Alex]]''
* ''[[Judge Joe Brown]]''
* ''[[Judge Judy]]''
* ''[[Judge Mathis]]''
* ''[[Judge Rinder]]''
* ''[[Paternity Court]]''
* ''[[The People's Court]]''
{{div col end}}

==See also==
* [[Kangaroo court]]

==References==
{{Reflist}}

==External links==
{{EB1911 poster|Court}}
* {{Commons category-inline|Courts}}
* {{Wikiquote-inline|Courts}}

{{Law}}
{{Authority control}}

[[Category:Courts|*]]