The original jurisdiction of a court is the right to hear a case for the first time as opposed to appellate jurisdiction Appellate jurisdiction is the power of a court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right. Depending on the type of case and the decision below, appellate review primarily consists of: an entirely when a court has the right to review a lower court's decision. In the United States these courts are also referred to as trial courts A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.
France
The lowest civil court of France, the tribunal de première instance ("Court of Common Pleas"), has original jurisdiction over most civil matters except areas of specialist exclusive jurisdiction In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case, those being mainly land estates, business and consumer matters, social security, and labor. All criminal matters may pass summarily through the lowest criminal court, the tribunal de police, but each court has both original and limited jurisdiction over certain separate levels of offences:
- juge de proximité ("Magistrate Court") - petty misdemeanors and violations;
- tribunal de police ("Police Court") - gross misdemeanors or summary offences (summary jurisdiction);
- tribunal correctionnel ("Criminal Court") - felonies or indictable offences generally;
- cour d'assises ("Court of Sessions") - capital and first-degree felonies or major indictable offences, high crimes, crimes against the State.
For the administrative stream, any administrative court has original jurisdiction. However, while the Council of State has supreme appellate jurisdiction for administrative appeals, it also has original jurisdiction Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. The term is also used to denote the geographical area or subject-matter to which such authority on a number of matters brought against national governmental authorities including cases against statutory instruments In law, a Statutory Instrument is a form of delegated or secondary legislation (executive and ministerial orders) and certain types of administrative decisions. These desisions are made up out of 2/3 Congress's vote.
See also
References
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Categories: Legal terms Categories: Legal communication | Terminology | Law | Jurisdiction
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in this regard hon mr mcGEER As the member well knows the provincial government doesn t have jurisdiction over B C Tel so the member would be making an inappropriate ges Page 2733 ture in approaching me We have stated that we believe control over B C Tel regulations should reside within the province Should the federal government choose to give us
