What branch of government do the courts belong to?
Local government in the Philippines
Local governments have two branches: executive and legislative. All courts in the Philippines are under the Supreme Court of the Philippines and therefore there are no local-government controlled judicial branches. Nor do local governments have any prosecutors or public defenders, as those are under the jurisdiction of the national government.
Government of Nevada
The government of Nevada comprises three branches of government: the executive branch consisting of the Governor of Nevada and the Governor's cabinet along with the other elected constitutional officers; the legislative branch consisting of the Nevada Legislature which includes the Assembly and the Senate; and the judicial branch consisting of the Supreme Court of Nevada and lower courts.
Supreme court
The supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
Court system of Canada
The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the Legislature of a province, under its constitutional authority over the Administration of Justice in the Province, set out in s. 92(14) of the "Constitution Act, 1867". This head of power gives the Provinces the power to regulate "... the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts". All courts created by a Province, from the small claims court or municipal by-law court, up to the provincial Court of Appeal, are "provincial courts" in this general sense.
Federal government of the United States
The Judiciary Act of 1789 subdivided the nation jurisdictionally into judicial districts and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress retains the power to re-organize or even abolish federal courts lower than the Supreme Court.
Courts of the Republic of Ireland
The Supreme Court, the Court of Appeal, and the High Court are the only courts specifically required by the Constitution. Other courts are established by law. Beneath the superior courts are the Circuit Court and the District Court. The Circuit Court deals with matters that must be tried before a jury. The District Court deals only with minor matters that may be tried summarily.
Saint Vincent and the Grenadines
The judicial branch of government is divided into district courts, the Eastern Caribbean Supreme Court and the Privy Council in London being the court of last resort.
Government of Kansas
The judicial system of Kansas is the branch of the Kansas state government that interprets the state’s laws and constitution. Headed by the Kansas Supreme Court, the judiciary consists of two courts of last resort, courts of general jurisdiction, and courts of limited jurisdiction. Also, the Kansas judiciary contains two independent courts.
Separation of powers under the United States Constitution
Many legislators hold the view that separation of powers means that powers are shared among different branches; no one branch may act unilaterally on issues (other than perhaps minor questions), but must obtain some form of agreement across branches. That is, it is argued that "checks and balances" apply to the Judicial branch as well as to the other branches—for example, in the regulation of attorneys and judges, and the establishment by Congress of rules for the conduct of federal courts, and by state legislatures for state courts. Although in practice these matters are delegated to the Supreme Court, the Congress holds these powers and delegates them to the Supreme Court only for convenience in light of the Supreme Court's expertise, but can withdraw that delegation at any time.
Court system of Canada
The court system of Canada forms the judicial branch of government, formally known as "the Queen on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial.
Government of New Zealand
The term "Government of New Zealand" can have a number of different meanings. At its widest, it can refer collectively to the three traditional branches of government—the executive branch, legislative branch (the Queen-in-Parliament and House of Representatives) and judicial branch (the Supreme Court and subordinate courts). Each branch operates independently of the others in an arrangement described as "separation of powers".
Supreme Court of Spain
The Supreme Court is one of the three branches of the Spanish government, alongside the legislature and the executiveTo ensure its independence, the Supreme Court has the prerogative to enforce its actions under the principle of obedience to final judicial decisions enshrined in the Constitution. Also, most its resolutions are reliable since they are solutions to appeal against the considered decisions of lower courts.
Government of Queensland
The Supreme Court is the highest tier of the judicial hierarchy Queensland. The court has two divisions; the Trial Division and the Court of Appeal. The Trial Division's jurisdiction covers serious criminal offences (including murder and manslaughter), and civil matters involving claims of more than $750,000. The Court of Appeal's jurisdiction allows it to hear cases on appeal from the Trial Division, the District Court, and a number of other judicial tribunals in Queensland. Appeals against decisions by the Court of Appeal are heard by the High Court of Australia.
Appellate court
An appellate court, commonly called an appeals court, court of appeals (American English), appeal court (British English), court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts nationwide can operate under varying rules.
Court system of Canada
The Federal Court exists primarily to review administrative decisions by federal government bodies such as the immigration board and to hear lawsuits under the federal government's jurisdiction such as intellectual property and maritime law. It also has concurrent jurisdiction with the superior trial courts of the Provinces to hear civil lawsuits brought against the federal government. The Federal Court also has jurisdiction to determine inter-jurisidctional legal actions between the federal government and a province, or between different provinces, provided the province in question has passed corresponding legislation granting the Federal Court jurisdiction over the dispute. Also the Federal Courts have the power to review decisions, orders, and other administrative actions of most federal boards, commissions, and tribunals. That means most federal government can be challenged in the federal court. Also with the Federal Court, the system may refer back to questions of law, jurisdiction,or price to one of the federal courts at any stage of proceeding.
County court
With the growth of the largest cities, many large urban centers have subsumed whole or most of counties within the unofficial or official municipal borders, blurring the distinction between the types of government and their jurisdictions in the mind of the common inhabitant, but even television police drama's occasionally point out a county function (Coroners, Sheriffs, Jails, courts, probation departments) are different from a metropolis' police agencies, city governments, and district attorney's (prosecutors) offices (Politically elected or appointed in most of the United States).
State Courts of Singapore
The State Courts of Singapore (Formerly the Subordinate Courts) are one of the two tiers of the court system in Singapore, the other tier being the Supreme Court. The State Courts comprise the District and Magistrate Courts—both of which oversee civil and criminal matters—as well as specialised courts such as the coroner's courts and the Small Claims Tribunals.
Judiciary of Germany
The federal courts are administered by the federal government, all the other courts belong to a state and are administered by it. The independence of the judiciary that is laid down in the federal constitution (article 97 para. 1) only refers to the judicial decision-making process of any individual judge, not to the judicial power as a whole. In line with this, the courts are administrative bodies subordinate to the respective department of justice, special rules only applying to the judicial decision-making process and the status of the judges.
Politics of Greece
The Court of Cassation is the supreme civil and penal court, whereas the Council of State is the supreme administrative court. The Chamber of Accounts has an exclusive jurisdiction over certain administrative areas (for example it judges disputes arising from the legislation regulating the pensions of civil servants) and its decisions are irrevocable. This means that they are not judged at second instance by the Council of State.
Ecclesiastical court
In the Church of England, the ecclesiastical courts are a system of courts, held by authority of the Crown, who is "ex officio" the Supreme Governor of the Church of England. The courts have jurisdiction over matters dealing with the rights and obligations of church members, now limited to controversies in areas of church property and ecclesiastical disciplinary proceedings. In England these courts, unlike common law courts, are based upon and operate along civil law procedures and Canon law-based jurisprudence.
Courts of England and Wales
The Crown Court is a criminal court of both original and appellate jurisdiction which in addition handles a limited amount of civil business both at first instance and on appeal. It was established by the Courts Act 1971. It replaced the assizes whereby High Court judges would periodically travel around the country hearing cases, and quarter sessions which were periodic county courts. The Old Bailey is the unofficial name of London's most famous criminal court, which is now part of the Crown Court. Its official name is the "Central Criminal Court". The Crown Court also hears appeals from magistrates' courts.
Court of Cassation (France)
The Court is not the only court of last resort in France. Cases involving claims against government bodies, local authorities, or the central government, including all delegated legislation (e.g., statutory instruments, ministerial orders), are heard by the administrative courts, for which the court of last resort is the Conseil d'État. In cases where there appears to be concurrent jurisdiction or a conflict of laws between the judicial and administrative courts, whether both retain jurisdiction ("positive dispute") or decline jurisdiction ("negative dispute"), the Jurisdictional Disputes Court ("Tribunal des Conflits") decides the issue. The Court is composed of 4 members from both senior courts and occasionally, to break a tie, the justice minister who, if present, presides.
Politics of Brazil
The federal government exercises control over the central government and is divided into three independent branches: executive, legislative and judicial. Executive power is exercised by the President, advised by a cabinet. Legislative power is vested upon the National Congress, a two-chamber legislature comprising the Federal Senate and the Chamber of Deputies. Judicial power is exercised by the judiciary, consisting of the Supreme Federal Court, the Superior Court of Justice and other Superior Courts, the National Justice Council and the Regional Federal Courts.
Robert Sternberg
The main three branches of government are the executive branch, legislative branch and judicial branch. People also need to perform these functions in their own thinking and working. Legislative people like to build new structures, creating their own rules along the way. Executive people are rule followers, they like to be given a predetermined structure in which to work. Judicial people like to evaluate rules and procedures, to analyze a given structure.
La Union
Just as the national government, La Union provincial government is divided into three branches: executive, legislative and judiciary. The judicial branch is administered solely by the Supreme Court of the Philippines. The LGUs have control of the executive and legislative branch.
Judiciary of New York (state)
The Judiciary of New York (officially the New York State Unified Court System) is the judicial branch of the Government of New York, comprising all the courts of the State of New York (excluding extrajudicial administrative courts.)
Federal tribunals in the United States
Federal tribunals in the United States are those tribunals established by the federal government of the United States for the purpose of deciding the constitutionality of federal laws and for resolving other disputes about federal laws. They include both Article III tribunals (federal courts) as well as adjudicative entities which are classified as Article I or Article IV tribunals. Some of the latter entities are also formally denominated as courts, but they do not enjoy certain protections afforded to Article III courts. These tribunals are described in reference to the article of the United States Constitution from which the tribunal's authority stems. The use of the term "tribunal" in this context as a blanket term to encompass both courts and other adjudicative entities comes from section 8 of Article I of the Constitution, which expressly grants Congress the power to constitute tribunals inferior to the U.S. Supreme Court.
Government of Japan
The Judicial branch of Japan consists of the Supreme Court, and four other lower courts; the High Courts, District Courts, Family Courts and Summary Courts. Divided into four basic tiers, the Court's independence from the executive and legislative branches are guaranteed by the Constitution, and is stated as: "no extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power"; a feature known as the Separation of Powers. of the Constitution states that all the Court judges are independent in the exercise of their own conscience and that they are only bounded by the Constitution and the laws. Court judges are removable only by public impeachment, and can only be removed, without impeachment, when they are judicially declared mentally or physically incompetent to perform their duties. The Constitution also explicitly denies any power for executive organs or agencies to administer disciplinary actions against judges. However, a Supreme Court judge may be dismissed by a majority in a referendum; of which, must occur during the first general election of the National Diet's House of Representatives following the judge's appointment, and also the first general election for every ten years lapse thereafter. Trials must be conducted, with judgment declared, publicly, unless the Court "unanimously determines publicity to be dangerous to public order or morals"; with the exception for trials of political offenses, offenses involving the press, and cases wherein the rights of people as guaranteed by the Constitution, which cannot be deemed and conducted privately. Court judges are appointed by the Cabinet, in attestation of the Emperor, while the Chief Justice is appointed by the Emperor, after being nominated by the Cabinet; which in practice, known to be under the recommendation of the former Chief Justice.
England
The court system is headed by the Senior Courts of England and Wales, consisting of the Court of Appeal, the High Court of Justice for civil cases, and the Crown Court for criminal cases. The Supreme Court of the United Kingdom is the highest court for criminal and civil cases in England and Wales. It was created in 2009 after constitutional changes, taking over the judicial functions of the House of Lords. A decision of the Supreme Court is binding on every other court in the hierarchy, which must follow its directions.
Civil procedure in South Africa
The magistrate's courts are the lower courts in South Africa. These are so-called "creatures of statute", governed by and created under the Magistrates' Courts Act, and therefore do not have inherent jurisdiction. This means that they may only hear matters prescribed by the Act. There are two kinds: the district Magistrate's Court and the Regional Magistrate's Court. The Republic of South Africa is divided into magisterial districts and regional divisions, and each has a magistrates' court. The Regional Court was previously only a criminal court; however, since August 2010, it has also had civil jurisdiction. Matters in the magistrate's court are presided over by a magistrate under the leadership of a Chief magistrate.
Technology and Construction Court
The Technology and Construction Court (commonly abbreviated in practice to the TCC) is a sub-division of the Queen's Bench Division, part of the High Court of Justice, which together with the Crown Court and the Court of Appeal, is one of the Senior Courts of England and Wales. The Civil Procedure Rules, which regulate procedure civil procedure in the High Court, allocate non-exhaustive categories of work to the court, principally, as the name suggests, disputes in the areas of construction and technology.
Government of the Philippines
The government has three interdependent branches: the legislative branch, the executive branch, and the judicial branch. The powers of the branches are vested by the Constitution of the Philippines in the following: Legislative power is vested in the two-chamber Congress of the Philippines—the Senate is the upper chamber and the House of Representatives is the lower chamber.
Government of Kenya
The courts are divided into two levels: Superior Courts and Subordinate Courts. Superior Courts are the higher courts and are presided over by Judges. These are the Supreme Court, the Court of Appeal, the High Court which hears almost every type of case., the Environment and Land Court and the Industrial Court.
Supreme Court of Justice (Austria)
The Austrian judiciary is divided into general courts () and courts of public law ().
The courts of public law supervise the other two branches of government. One of its limbs, the administrative court system, reviews the legality of administrative acts. Its other limb, the Constitutional Court, adjudicates on liability claims against the Republic, its provinces, and its municipalities,
demarcation conflicts between courts or between courts and bureaucrats,
complaints regarding the constitutionality of statutes or the legality of ordinances,
election complaints,
and complaints regarding the conduct of elected officials and political appointees in office.
The general courts handle all remaining civil cases and all criminal trials as well as non-adversary proceedings such as inheritance cases or legal guardianship matters.
Administrative Appeals Tribunal
The Tribunal is not a court. The High Court has long held that the Australian Constitution, mandates a separation of powers between the executive, legislative and judicial branches of government. Judicial review of administrative decisions takes place in courts, such as the Federal Court and the Federal Circuit Court. The AAT remains part of the executive branch of government.
Government of Lagos State
The Lagos State courts consist of three levels of courts. The High Court is an appellate court that operates under discretionary review, meaning that the Court can choose which cases to hear by granting writs of certiorari. It is the court of last resort. The other two levels are the Magistrates and the Customary Court.
Norzagaray
Just as the national government, the municipal government is divided into three branches: executive, legislative and judiciary. The judicial branch is administered solely by the Supreme Court of the Philippines. The LGUs have control of the executive and legislative branch.
Government of Namibia
The Government of Namibia consists of the executive, the legislative and the judiciary branches. The Cabinet is the executive organ of government, implementing the laws of the country. It consists of the President, the Prime Minister and his deputy, as well as the Ministers. The legislative organs of government are the National Council and the National Assembly. They make the laws of the country. The judiciary organs of government are the courts. The highest court of Namibia is the Supreme Court. There is also the High Court, and lower courts.
Constitution
Constitutions usually explicitly divide power between various branches of government. The standard model, described by the Baron de Montesquieu, involves three branches of government: executive, legislative and judicial. Some constitutions include additional branches, such as an auditory branch. Constitutions vary extensively as to the degree of separation of powers between these branches.
Article Three of the United States Constitution
The Supreme Court is the only federal court that is explicitly established by the Constitution. During the Constitutional Convention, a proposal was made for the Supreme Court to be the only federal court, having both original jurisdiction and appellate jurisdiction. This proposal was rejected in favor of the provision that exists today. Under this provision, the Congress may create inferior (i.e., lower) courts under both Article III, Section 1, and Article I, Section 8. The Article III courts, which are also known as "constitutional courts", were first created by the Judiciary Act of 1789, and are the only courts with judicial power. Article I courts, which are also known as "legislative courts", consist of regulatory agencies, such as the United States Tax Court.
Government of India
As the final court of appeal of the country, it takes up appeals primarily against verdicts of the high courts of various states of the Union and other courts and tribunals. It safeguards fundamental rights of citizens and settles disputes between various governments in the country. As an advisory court, it hears matters which may specifically be referred to it under the constitution by the president. It also may take cognisance of matters on its own (or 'suo moto'), without anyone drawing its attention to them. The law declared by the supreme court becomes binding on all courts within India and also by the union and state governments. Per , it is the duty of the President to enforce the decrees of the supreme court.
Retail, Wholesale and Department Store Union, Local 580 v Dolphin Delivery Ltd
The issue of whether the courts were included within the meaning of government was considered. The Court found that orders from the court did not constitute government action, rather the courts must be the neutral arbiters and cannot be included without unduly widening the scope of the Charter. The legislative, executive, and administrative branches, however, fall within the purview of government.
South African administrative law
South African administrative law is the branch of public law in that country which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in present-day South Africa, which regulates "the activities of bodies that "exercise public powers or perform public functions", irrespective of whether those bodies are public authorities in a strict sense." According to the Constitutional Court, administrative law is "an incident of the separation of powers under which the courts regulate and control the exercise of public power by the other branches of government."
Administrative courts in Greece
Greece, as a civil law country has administrative courts. The establishment of those courts can be found in article 94 of the Constitution of the Hellenic Republic 1975, as revised in 2001. The administrative courts are composed from districts Courts of First Instance, district Courts of Appeal and a Supreme Administrative Court that is called the "Council of State". The Council of State is also the Court of first and last instance in some important cases. The Greek administrative courts have jurisdiction upon litigations between the State and the civilians. The most important of them are tax cases, social security cases, tort liability of the State cases, illegal immigration cases etc.
Court
The practical authority given to the court is known as its jurisdiction () – 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 is constituted by a minimum of three parties: the "actor" or plaintiff, who complains of an injury done; the "reus" or defendant, who is called upon to make satisfaction for it, and the "judex" or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers to apply a legal remedy. It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs, reporters, and perhaps a jury.
Pampanga
Just as the national government, the provincial government is divided into three branches: executive, legislative and judiciary. The judicial branch is administered solely by the Supreme Court of the Philippines. The LGUs have control of the executive and legislative branch.
Israeli system of government
Some issues of family law (marriage and divorce in particular) fall either under the jurisdiction of religious courts or under parallel jurisdiction of those and the state's family courts. The state maintains and finances Rabbinical, Sharia and various Canonical courts for the needs of the various religious communities. All judges are civil servants, and required to uphold general law in their tribunals as well. The Supreme Court serves as final appellate instance for all religious courts.
Judiciary of Austria
The Judiciary of Austria () is the branch of the Austrian government responsible for resolving disputes between residents or between residents and the government, holding criminals accountable, making sure that the legislative and executive branches remain faithful to the European and Austrian constitutions and to international human rights standards, and generally upholding the rule of law.
The judiciary is independent of the other two branches of government and is committed to guaranteeing fair trials and equality before the law. It has broad and effective powers of judicial review.
Court of Audit
A Court of Audit or Court of Accounts is a Supreme audit institution, i.e. a government institution performing financial and/or legal audit (i.e. Statutory audit or External audit) on the executive branch of power.
Government of New Jersey
The government of the State of New Jersey is separated into three distinct branches: legislative, executive, and judicial. The powers of the state are vested by the Constitution of New Jersey, enacted in 1947, in a bicameral state legislature (consisting of the General Assembly and Senate), the Governor, and the state courts, headed the New Jersey Supreme Court. The powers and duties of these branches are further defined by acts of the state legislature, including the creation of executive departments and courts inferior to the Supreme Court.
Like most states, the state allows the incorporation of county, and other local municipal government.
Federal government of the United States
The district courts are the trial courts wherein cases that are considered under the Judicial Code (Title 28, United States Code) consistent with the jurisdictional precepts of "federal question jurisdiction" and "diversity jurisdiction" and "pendent jurisdiction" can be filed and decided. The district courts can also hear cases under "removal jurisdiction", wherein a case brought in State court meets the requirements for diversity jurisdiction, and one party litigant chooses to "remove" the case from state court to federal court.
Judicial system of China
The judicial branch is one of three branches of the government, not the state structure, in the People's Republic of China, along with the executive and legislative branches. Strictly speaking, it refers to the activities of the People's Court system. According to the Constitution law of China, China does not adopt the "separation of power" system as in modern democratic countries, the People's court does not enjoy a separate and independent power, but subject to the control of the People's Assembly.
Illinois
The government of Illinois, under the Constitution of Illinois, has three branches of government: executive, legislative and judicial. The executive branch is split into several statewide elected offices, with the Governor as chief executive. Legislative functions are granted to the Illinois General Assembly. The judiciary is composed of the Supreme Court and lower courts.
Council of State
A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executives advisory body associated with a head of state. In some countries it also has a function as a supreme administrative court and sometimes regarded as the equivalent of a privy council.
Finland
The judicial system of Finland is a civil law system divided between courts with regular civil and criminal jurisdiction and administrative courts with jurisdiction over litigation between individuals and the public administration. Finnish law is codified and based on Swedish law and in a wider sense, civil law or Roman law. The court system for civil and criminal jurisdiction consists of local courts ("käräjäoikeus", "tingsrätt"), regional appellate courts ("hovioikeus", "hovrätt"), and the Supreme Court ("korkein oikeus", "högsta domstolen"). The administrative branch of justice consists of administrative courts ("hallinto-oikeus", "förvaltningsdomstol") and the Supreme Administrative Court ("korkein hallinto-oikeus", "högsta förvaltningsdomstolen"). In addition to the regular courts, there are a few special courts in certain branches of administration. There is also a High Court of Impeachment for criminal charges against certain high-ranking officeholders.
Court system of Canada
These courts (as listed below by province and territory in alphabetical order) exist at the provincial and territorial levels. The superior courts are the courts of first instance for divorce petitions, civil lawsuits involving claims greater than small claims, and criminal prosecutions for indictable offences ("i.e.", felonies in American legal terminology). They also perform a reviewing function for judgements from the local inferior courts and administrative decisions by provincial or territorial government entities such as labour boards, human rights tribunals and licensing authorities.Furthermore, some of these superior courts (like the one in Ontario) have specialized branches that deal only with certain matters such as family law or small claims. To complicate things further, the Ontario Superior Court of Justice has a branch called the Divisional Court that hears only appeals and judicial reviews of administrative tribunals and whose decisions have greater binding authority than those from the "regular" branch of the Ontario Superior Court of Justice. Although a court, like the Supreme Court of British Columbia, may have the word "supreme" in its name, it is not necessarily the highest court in its respective province or territory.
Constitution of Denmark
As in many other democracies, the Danish Constitutional Act divides power into three independent branches—the legislative, the executive and the judicial branches—in order to encourage checks and balances and prevent abuse of power. The Danish Parliament is the legislative power, enacting the laws of the country. The Cabinet (Government) is the executive power, formally acting out the role of the Monarch, by ensuring that laws are implemented. The Supreme Court and lower courts of law are the judicial power, pronouncing judgements in disputes between citizens and between the authorities and citizens.
District courts of India
The District Courts (Hindi: ज़िला न्यायालय) of India are the district courts of the State governments in India for every district or for one or more districts together taking into account the number of cases, population distribution in the district. They administer justice in India at a district level.
Government of Guam
The Courts and Ministerial Division of the Superior Court, is the first point of contact for people seeking the services of the courts of justice, as this division accepts the filing of all legal stupidity, and is responsible for processing and distributing these documents appropriately. This division is also responsible for providing court clearances. The current Clerk of the Superior Court is Danielle T. Rosete.
State governments of the United States
The judicial branch in most states has a court of last resort usually called a supreme court that hears appeals from lower state courts. New York's highest court is called the Court of Appeals, while its trial court is known as the Supreme Court. Maryland also calls its highest court the Court of Appeals. Texas and Oklahoma each separate courts of last resort for civil and criminal appeals. Each state's court has the last word on issues of state law and can only be overruled by federal courts on issues of Constitutional law.
Government of Missouri
The judicial branch (the state courts) is established by Article IV of the Missouri Constitution. The state supreme court is the Supreme Court of Missouri - it is the highest court. The Missouri Court of Appeals is the state intermediate appellate court. It is split into three districts: Western (based in Kansas City), Eastern (based in St. Louis), and Southern (based in Springfield). The state trial courts of general jurisdiction are the 45 Missouri Circuit Courts and Associate Circuit Courts within each Circuit Court.
Law of Canada
Other than the Supreme Court, the Canadian court system is divided into two classes of courts: superior courts of general jurisdiction, and courts of limited jurisdiction, sometimes referred to as inferior courts. The superior courts, created and maintained by the provinces, are divided into superior courts of original jurisdiction and superior courts of appeal. These courts are sometimes also referred to as "Section 96" courts, in reference to s. 96 of the "Constitution Act, 1867", which grants the federal government the power to appoint the judges of these courts. As courts of general jurisdiction, the provincial superior courts of original jurisdiction have jurisdiction over all matters, under both federal and provincial law, unless the matter has been assigned to some other court or administrative agency by a statute passed by the appropriate legislative body. The superior courts of original jurisdiction have an extensive civil jurisdiction, under both federal and provincial laws. Under the "Criminal Code", a federal statute, they have jurisdiction over the most serious criminal offences, such as murder. They also hear appeals from the Provincial Courts in criminal matters and some civil matters. A further appeal normally lies to superior court of appeal, the highest court in each province.
District of Columbia home rule
The District's local justice system is centered on the Superior Court of the District of Columbia, which hears all local civil and criminal cases, and the District of Columbia Court of Appeals, which serves as the highest local appeals court in District of Columbia. Despite the fact that the local courts are technically the third branch of the D.C. government, they are funded and operated by the United States federal government. Though operated by the federal government, the District's local courts are separate from the United States District Court for the District of Columbia and the United States Court of Appeals for the District of Columbia Circuit, which only hear cases regarding federal law.
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales. It is the highest court of first instance in criminal cases; however, for some purposes the Crown Court is hierarchically subordinate to the High Court and its Divisional Courts.
Student court
A student court is a type of judicial system occasionally seen in student governments. Student courts vary in size and functions, but they are most often engaged in conflict resolution and interpretation of student bylaws and constitutions. Names of student courts vary, with the body variously referred to as the "Student Court," "Judicial Council", the "Judicial Board", the "Supreme Court," or others. Typically, however, student governments only possess legislative and executive branches. Student courts are a less-common feature of student governments.
Supreme court
Some countries have multiple "supreme courts" whose respective jurisdictions have different geographical extents, or which are restricted to particular areas of law. Some countries with a federal system of government may have both a federal supreme court (such as the Supreme Court of the United States), and supreme courts for each member state (such as the Supreme Court of Nevada), with the former having jurisdiction over the latter only to the extent that the federal constitution extends federal law over state law. However, other federations, such as Canada, may have a supreme court of general jurisdiction, able to decide any question of law. Jurisdictions with a civil law system often have a hierarchy of administrative courts separate from the ordinary courts, headed by a supreme administrative court as is the case in the Netherlands. A number of jurisdictions also maintain a separate constitutional court (first developed in the Czechoslovak Constitution of 1920), such as Austria, France, Germany, Luxembourg, Portugal, Russia, Spain and South Africa. Within the former British Empire, the highest court within a colony was often called the "Supreme Court", even though appeals could be made from that court to the United Kingdom's Privy Council (based in London). A number of Commonwealth jurisdictions retain this system, but many others have reconstituted their own highest court as a court of last resort, with the right of appeal to the Privy Council being abolished.
New Jersey Superior Court
The Superior Court is the state court in the U.S. state of New Jersey, with statewide trial and appellate jurisdiction. The New Jersey Constitution of 1947 establishes the power of the New Jersey courts. Under the State Constitution, "'judicial power shall be vested in a Supreme Court, a Superior Court, County Courts and inferior courts of limited jurisdiction.'" The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts. The State Constitution renders the New Jersey Superior Court, Appellate Division the intermediate appellate court, and "[a]ppeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by law." Each division is in turn divided into various parts. "The trial divisions of the Superior Court are the principal trial courts of New Jersey. They are located within the State's various judicial geographic units, called 'vicinages,' R. 1:33-2(a), and are organized into two basic divisions: the Chancery Division and the Law Division".
Federal judiciary of the United States
Under Article I of the federal Constitution, Congress also has the power to establish other tribunals, which are usually quite specialized, within the executive branch to assist the President in the execution of his or her powers. Judges who staff them normally serve terms of fixed duration, as do magistrate judges who assist Article III judges. Judges in Article I tribunals attached to executive branch agencies are referred to as administrative law judges (ALJs) and are generally considered to be part of the executive branch even though they exercise quasi-judicial powers. With limited exceptions, they cannot render final judgments in cases involving life, liberty, and private property rights, but may make preliminary rulings subject to review by an Article III judge.The Supreme Court has interpreted the Constitution as placing some additional restrictions on the federal courts. For example, the doctrines of mootness, ripeness, and standing prohibit district courts from issuing advisory opinions. Other doctrines, such as the abstention doctrine and the "Rooker-Feldman" doctrine limit the power of lower federal courts to disturb rulings made by state courts. The "Erie" doctrine requires federal courts to apply substantive state law to claims arising from state law (which may be heard in federal courts under supplemental or diversity jurisdiction). In difficult cases, the federal courts must either guess as to how a court of that state would decide the issue or, if that state accepts certified questions from federal courts when state law is unclear or uncertain, ask an appellate court of that state to decide the issue.
Government of Japan
The government of Japan is a constitutional monarchy in which the power of the Emperor is limited and is relegated primarily to ceremonial duties. As in many other states, the Government is divided into three branches: the Legislative branch, the Executive branch and the Judicial branch.
Legislature
A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures form important parts of most governments; in the separation of powers model, they are often contrasted with the executive and judicial branches of government.
Law of France
In France, most claims against local or national governments are handled by the administrative courts, for which the Conseil d'État (Council of State) is a court of last resort. The main administrative courts are the and . The French body of administrative law is called "droit administratif".
Government of South Africa
Each minister is responsible for one or more departments, and some ministers have a deputy minister to whom they delegate some responsibility. The portfolios, incumbent ministers and deputies, and departments are shown in the following table.
The third branch of the national government is an independent judiciary. The judicial branch interprets the laws, using as a basis the laws as enacted and explanatory statements made in the Legislature during the enactment. The legal system is based on Roman-Dutch law and English common law and accepts compulsory ICJ jurisdiction, with reservations. The constitution's bill of rights provides for due process including the right to a fair, public trial within a reasonable time of being charged and the right to appeal to a higher court. To achieve this, there are four major tiers of courts:In addition provision is made in the constitution for other courts established by or recognised in terms of an Act of Parliament.
Judicial system of Finland
Nowadays, the Finnish courts are divided into two main branches — general courts dealing with civil suits and criminal cases, and administrative courts regulating the actions of the administration and litigations between individuals and the administration. This division dates back to the administrative procedure of the 18th and 19th centuries.
This division was formalized in 1918 when two sections of the Senate became the newly independent country's two highest courts. The Senate Department of Justice became the Supreme Court, and part of the Senate Finance Department was the basis of the Supreme Administrative Court. The two court systems are entirely separate, and they have no jurisdiction over one another. The establishment of the two courts was confirmed by the Constitution Act of 1919.
Government of Ghana
The legal system is based on the 1992 constitution, customary (traditional) law, and British common law. Court hierarchy consists of Supreme Court of Ghana (highest court), courts of appeal, and high courts of justice. Beneath these bodies are circuit, magisterial, and traditional courts. Extrajudicial institutions include public tribunals. Since independence, courts are relatively independent; this independence continues under the Republic. Lower courts are being redefined and reorganised under the Republic.
Government of the District of Columbia
The District of Columbia Court of Appeals is the highest court. Established in 1970, it is equivalent to a state supreme court, except that its authority is derived from the United States Congress rather than from the inherent sovereignty of the states. The Court of Appeals should not be confused with the District's federal appellate court, the United States Court of Appeals for the District of Columbia Circuit. The Court of Appeals is authorized to review all final orders, judgments, and specified interlocutory orders of the associate judges of the Superior Court, to review decisions of administrative agencies, boards, and commissions of the District government, and to answer questions of law presented by the Supreme Court of the United States, a United States court of appeals, or the highest appellate court of any state. The court consists of a chief judge and eight associate judges. The court is assisted by the service of retired judges who have been recommended and approved as senior judges. Despite being the District's local appellate court, judges are appointed by the President of the United States and confirmed by the U.S. Senate for 15-year terms. The DC Courts are a Federal agency.
Politics of the Falkland Islands
The judicial branch consists of the Supreme Court, the Court of Appeal, the Summary Court and the Magistrates' Court. The judiciary is strictly independent of the executive and legislature, although it has links with the other branches of the government through the Advisory Committee on the Prerogative of Mercy. The government also employs six lawyers (the Attorney General, Law Commissilner, two Crown Counsels and two Legislative Drafters), a Policy Adviser and one Policy Officer.
Politics of the Philippines
The judiciary is composed of the Supreme Court and other lower courts. The Supreme Court is the court of last result
, and decides on constitutionality of laws via judicial review. The president selects justices and judges from nominees given by the Judicial and Bar Council. The Court of Appeals is the second highest appellate court, the Court of Tax Appeals rules on tax matters, and the Sandiganbayan (People's Advocate) is a special court for alleged government irregularities. The Regional Trial Courts (RTC) are the main trial courts. The Regional Trial Courts are based on judicial regions, which almost correspond to the administrative regions. Each RTC has at least one branch in each province and handles most of the criminal and civil cases; several branches of an RTC may be designated as family courts and environmental courts. Metropolitan Trial Courts try lesser offenses.
The Ombudsman investigates and prosecutes government officials on crimes while in dispensing powers given by the government. The Office of the Solicitor General represents the government in legal cases.
Local government in California
California's judicial system is organized along county lines, but the county courts are a part of the state court system, and are not part of the county government. Historically, counties were responsible for providing courthouses and courthouse security for the Superior Courts of California (there is one superior court for each county), even though the superior courts were actually divisions of the state government, not the county governments. This unfunded mandate was a perennial source of frustration for both the superior courts and the counties. The Legislature finally responded by enacting the Trial Court Funding Act of 1997 and then the Trial Court Facilities Act of 2002 to transfer all courthouses to the state government and to relieve the counties of the burden of providing facilities to state courts. However, because the state government was not prepared to assume the burden of developing its own statewide courthouse security force, the superior courts were allowed to establish agreements with county sheriffs by which the courts would reimburse counties for continuing to provide deputy sheriffs to serve as bailiffs in the courthouses.
Her Majesty's Courts and Tribunals Service
Her Majesty's Courts and Tribunals Service is an executive agency, in contrast with the Scottish Courts and Tribunals Service which is a non-ministerial government department. However, it is unique in being such an agency and having constitutional accountability to judges as well as the Lord Chancellor. The framework document says that the agency is accountable to the Lord Chief Justice of England and Wales and the Senior President of Tribunals. This provides a unique partnership between all three in relation to the effective governance, financing and operation of Her Majesty’s Courts and Tribunals Service. For example, where the Board cannot reach agreement, its Chair will refer the issue in question to the Lord Chancellor and the Lord Chief Justice for a decision.
Separation of powers under the United States Constitution
The judicial branch of government holds powers as well. They have the ability to use express and concurrent powers to make laws and establish regulations. They use express powers to interpret laws and perform judicial review. Implied powers are used by this branch to declare laws that were previously passed by a lower court unconstitutional. They can also use express powers to declare laws that are in the process of being passed unconstitutional. Concurrent powers are used to make it so that state courts can conduct trials and interpret laws without the approval of federal courts and federal courts can hear appeals form lower state courts.
Government of Australia
The Government of the Commonwealth of Australia is divided into three branches: the executive branch, composed of the Federal Executive Council, presided by the Governor-General, which delegates powers to the Cabinet of Australia, led by the Prime Minister; the legislative branch, composed of the Parliament of Australia's House of Representatives and Senate; and the judicial branch, composed of the High Court of Australia and the federal courts. Separation of powers is implied by the structure of the Constitution, the three branches of government being set out in separate chapters (chapters I to III). The Australian system of government combines elements of the Westminster and Washington systems with unique Australian characteristics, and has been characterised as a "Washminster mutation".
Government of Japan
The National Diet is the legislature, the organ of the Legislative branch. It is bicameral, consisting of two houses with the House of Councillors being the upper house, and the House of Representatives being the lower house. Its members are directly elected from the people, who are the source of sovereignty. The Supreme Court and other inferior courts make up the Judicial branch, and they are independent from the executive and the legislative branches.
Court of Cassation (France)
The Court does not have juisdiction over cases involving claims against administrators or public bodies, which fall within the jurisdiction of administrative courts, for which the Council of State acts as the supreme court of appeal; nor over cases involving constitutional issues, which fall within the jurisdiction of the Constitutional Council; nor over cases involving disputes about which of these courts has jusridiction, which are heard by the Jurisdictional Disputes Tribunal. Collectively, these four courts form the topmost tier of the French court system.
Politics of France
The independent judiciary is based upon civil law system which evolved from the Napoleonic codes. It is divided into the judicial branch (dealing with civil law and criminal law) and the administrative branch (dealing with appeals against executive decisions), each with their own independent supreme court of appeal: the Court of Cassation for the judicial courts and the "Conseil d'Etat" for the administrative courts. The French government includes various bodies that check abuses of power and independent agencies.
Politics of the Netherlands
It is important to realise that the Netherlands does not have a traditional separation of powers: according to the Constitution the States General and the government (the King and the Ministers) share the legislative power. All legislation has to pass through the Council of State (Dutch: "Raad van State") for advice and the Social-Economic Council advises the government on most social-economic legislation. The executive power is reserved for government. Note however that the Social Economic Council has the special right to make and enforce legislation on several sectors, mostly in agriculture. The judicial power is divided into two separate systems of courts. For civil and criminal law the independent Supreme Court is the highest court. For administrative law the "Raad van State" is the highest court, which is "ex officio" chaired by the King.
State court (United States)
Generally, state courts are common law courts, and apply their respective state laws and procedures to decide cases. They are organized pursuant to and apply the law in accordance with their state's constitution, state statutes, and binding decisions of courts in their state court hierarchy. Where applicable, they also apply federal law. Generally, a single judicial officer, usually called a judge, exercises original jurisdiction by presiding over contested criminal or civil actions which culminate in trials, although most matters stop short of reaching trial. The decisions of lower courts may be reviewed by a panel of a state court of appeals. Generally, there is also a highest court for appeals, a state supreme court, that oversees the court system. In matters that involve issues of federal law, the final decision of the state's highest court (including refusals to hear final appeals) may be appealed to the United States Supreme Court (which also has the discretion to refuse to hear them).
Government of New York (state)
The appellate courts are the:The superior courts are the:And the inferior courts are the local courts:The highest court of appeal is the Court of Appeals (instead of the "Supreme Court") whereas the primary felony trial court is the County Court (or the Supreme Court in New York City). The Supreme Court also acts as the intermediate appellate court for many cases, and the local courts handle a variety of other matters and are the starting point for all criminal cases. The New York City courts make up the largest local court system. The system is administered by the Chief Judge of the Court of Appeals, also known as the Chief Judge of New York, the Chief Administrative Judge, the Office of Court Administration and other agencies.
Federal government of the United States
Separate from, but not entirely independent of, this federal court system are the court systems of each state, each dealing with, in addition to federal law when not deemed preempted, a state's own laws, and having its own court rules and procedures. Although state governments and the federal government are legally "dual sovereigns", the Supreme Court of the United States is in many cases the appellate court from the State Supreme Courts (e.g., absent the Court countenancing the applicability of the "doctrine of adequate and independent State grounds"). The Supreme Courts of each state are by this doctrine the final authority on the interpretation of the applicable state's laws and Constitution. Many state constitution provisions are equal in breadth to those of the U.S. Constitution, but are considered "parallel" (thus, where, for example, the right to privacy pursuant to a state constitution is broader than the federal right to privacy, and the asserted ground is explicitly held to be "independent", the question can be finally decided in a State Supreme Court—the U.S. Supreme Court will decline to take jurisdiction).
United States Constitution
Courts established by the Constitution can regulate government under the Constitution, the supreme law of the land. First, they have jurisdiction over actions by an officer of government and state law. Second, federal courts may rule on whether coordinate branches of national government conform to the Constitution. Until the twentieth century, the Supreme Court of the United States may have been the only high tribunal in the world to use a court for constitutional interpretation of fundamental law, others generally depending on their national legislature.
Emergency Price Control Act of 1942
Federal Courts is the study of the relationship between state courts, federal courts, and the other branches of government. The Emergency Price Control Act and the associated Emergency Court of Appeals raised several questions about the relationship between Congress and the Federal Judiciary: (1) Can Congress "carve up" federal jurisdiction in this way? (2) If yes, is the creation of the Emergency Court--with all its limits--constitutional? To both questions, the Supreme Court answered yes, though its understanding of the relationship between the legislative and judicial branches may have been informed by the exigencies of war.
Catalan Courts
The Catalan Courts or General Court of Catalonia ( or ) was the policymaking and parliamentary body of the Principality of Catalonia from the 13th to the 18th century. The courts were made up of three arms or estates: the "military estate" which included representatives from the nobility, the "ecclesiastical estate" which saw representatives from the religious hierarchy and the "royal" estate which had representatives from the municipalities. The courts were summoned by the king who opened with a royal proclamation while the arms were in charge of legislating, always with the support of the sovereign. If the laws that were approved came from the king they received the name of "Constitutions", if they came from the Estates, "Court Chapters". If the king passed a law unilaterally it was called "Acts of Courts" and required ratification by the courts.
Politics of East Germany
Under the Constitution, the Supreme Court, as the highest organ of the legal system, directed the jurisdiction of all lower courts and was charged with ensuring the uniform application of the law on all levels. The highest court not only had the right of extraordinary appeal as a measure of control over the lower courts but on occasion serves as a link in the chain of command by issuing general legal directives. According to Article 93 of the Constitution, the Supreme Court "directs the jurisdiction of the courts on the basis of the Constitution, the laws, and their statutory regulations. . . . It ensures a uniform application of the law by all courts." The directive function of the Supreme Court went far beyond that of supreme courts in Western systems, which as a rule do not give legally binding instructions to the lower courts concerning specific questions of law. The Supreme Court was responsible to the People's Chamber and, between the latter's sessions, to the Council of State. Internally, the organization of the high court consisted of an assembly, a presidium, and three functional administrative divisions known as collegiums for criminal justice, military justice, and civil, family, and labor law. The assembly, which was directed in its plenary sessions by the Supreme Court Presidium, consisted of fifteen directors of the district courts, the chairmen of the higher military courts, and all professional judges.
Separation of powers
Besides the constitutional court the judicial branch at the federal level is made up of five supreme courts—one for civil and criminal cases ("Bundesgerichtshof"), and one each for administrative, tax, labour, and social security issues. There are also state ("Länder / Bundesländer") based courts beneath them, and a rarely used senate of the supreme courts.
List of courts of the United States
Federal statutes that refer to the "courts of the United States" are referring only to the courts of the federal government, and not the courts of the individual states and counties. Because of the federalist underpinnings of the division between sovereign federal and state governments, the various state court systems are free to operate in ways that vary widely from those of the federal government, and from one another. In practice, however, every state has adopted a division of its judiciary into at least two levels, and almost every state has three levels, with trial courts hearing cases which may be reviewed by appellate courts, and finally by a state supreme court. A few states have two separate supreme courts, with one having authority over civil matters and the other reviewing criminal cases. 47 states and the federal government allow at least one appeal of right from a final judgment on the merits, meaning that the court receiving the appeal "must" decide the appeal after it is briefed and argued properly. Three states do not provide a right to a first appeal. Rather, they give litigants only a right to "petition" for the right to have an appeal heard.
Whistleblower protection in the United States
Public law is law that governs the relationship between people and the State, and it is composed of three types: constitutional law, criminal law, and administrative law. "Constitutional law" is the body of law that governs the principles and powers of the government, and the relationships between the different parts of the government. "Criminal law" is law that restricts conduct that threatens safety and welfare of society or the State. "Administrative law" is law that regulates the operation and procedures of government agencies. The judicial branch is the branch of government that interprets the laws, and its body of laws is called case law.
Federal government of the United States
One of the theoretical pillars of the U.S. Constitution is the idea of "checks and balances" among the powers and responsibilities of the three branches of American government: the executive, the legislative, and the judiciary. For example, while the legislative branch (Congress) has the power to create law, the executive branch under the president can veto any legislation—an act which, in turn, can be overridden by Congress. The president nominates judges to the nation's highest judiciary authority, the Supreme Court, but those nominees must be approved by Congress. The Supreme Court, in turn, can invalidate unconstitutional laws passed by the Congress. These and other examples are examined in more detail in the text below.
Judiciary of New York (state)
The New York State County Court operates in each county except for the five counties of New York City (in those counties, the Civil Court, Criminal Court and Supreme Court operate in place of a typical County Court). In many counties, this court primarily hears criminal cases (whereas the Supreme Court primarily hears civil cases), and usually only felonies as lesser crimes are handled by local courts.
There are numerous administrative courts which are not considered part of the judicial branch of government.Decisions of the New York Court of Appeals are binding authority on all other courts, and persuasive authority for itself in later cases. Decisions of the New York Supreme Court, Appellate Division department panels are binding on the lower courts in that department, and also on lower courts in other departments unless there is contrary authority from the Appellate Division of that department. Decisions by the Supreme Court, Appellate Term must be followed by courts whose appeals lie to it. Published trial court decisions are persuasive authority for all other courts in the state.
Judiciary of Greece
According to the Constitution, there are three categories of courts: civil courts, penal courts and administrative courts. The supreme court of the civil and penal justice is the Court of Cassation, while the supreme court of the administrative justice is the Council of State. Hence, Greek judges belong to one of these two branches. Consequently, an administrative judge is not entitled to judge a penal or civil case, while a civil judge is entitled to judge a civil or penal case but not an administrative one.
Law of the United Kingdom
The Supreme Court of the United Kingdom is the highest court in the land for all criminal and civil cases in England and Wales and Northern Ireland, and for all civil cases in Scots law. The Supreme Court is also the final court (in the normal sense of the term) for interpreting United Kingdom law. Note, however, that unlike in other systems (for example America), the Supreme Court cannot strike down statutes, and its cases can be expressly overriden by Parliament, by virtue of the doctrine of Parliamentary sovereignty. The Supreme Court came into being in October 2009, replacing the Appellate Committee of the House of Lords. In England and Wales, the court system is headed by the Senior Courts of England and Wales, consisting of the Court of Appeal, the High Court of Justice (for civil cases) and the Crown Court (for criminal cases). The Courts of Northern Ireland follow the same pattern. In Scotland the chief courts are the Court of Session, for civil cases, and the High Court of Justiciary, for criminal cases. Sheriff courts have no equivalent outside Scotland, as they deal with both criminal and civil caseloads.
Staff of Government Division
The Staff of Government Division of the High Court of Justice (usually shorted to Staff of Government Division) is the Court of Appeal in the Isle of Man. It hears all appeals, both criminal and civil, from the High Court. It is the second highest court in the Isle of Man with final appeal going to the Judicial Committee of the Privy Council acting as 'The Queen in Council'.
Fourth branch of government
In politics of the United States, the fourth branch of government is an unofficial term referring to groups or institutions perceived variously as influencing or acting in the stead of the three branches of the US federal government defined in the Constitution of the United States (Legislative, Executive and Judicial). Views as to whether the influence is due or undue or the actions are for good or ill also vary.