Judiciary Information (Supreme Court, Courts) @ LawFolks.com

The judiciary (also known as the judicial system or judicature) is the system of courts A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute that interprets and applies the law Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people in the name of the sovereign Sovereignty is the quality of having supreme, independent authority over a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided. The concept has been discussed, debated and questioned throughout history, from the time of the Romans through to the present day, or state A sovereign state is a political association with effective internal and external sovereignty over a geographic area and population which is not dependent on, or subject to any other power or state. While in abstract terms a sovereign state can exist without being recognised by other sovereign states, unrecognised states will often find it hard to. The judiciary also provides a mechanism for the resolution of disputes One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them.[citation needed] Some individuals, notably Joseph Stalin, have stated that all problems emanate from man, and absent man, no. Under the doctrine of the separation of powers The separation of powers, also known as trias politica,is a model for the governance of democratic states. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the uncodified Constitution of the Roman Republic. Under this model, the state is divided into branches, each with separate and, the judiciary generally does not make law (that is, in a plenary fashion, which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets law and applies it to the facts of each case. This branch of government is often tasked with ensuring equal justice under law Equal justice under law is a phrase engraved on the front of the United States Supreme Court building in Washington D.C. This phrase was apparently first written in 1932 by the architectural firm that designed the building. Chief Justice Charles Evans Hughes subsequently approved this inscription, as did the United States Supreme Court Building. It usually consists of a court of final appeal (called the "supreme court A supreme court is in some jurisdictions the highest judicial body within that jurisdiction's court system, whose rulings are not subject to further review by another court. The designations for such courts differ among jurisdictions. Courts of last resort typically function primarily as appellate courts, hearing appeals from the lower trial" or "constitutional court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether or not laws that are challenged are in fact unconstitutional, i.e. whether or not they conflict with constitutionally established rights and freedoms"), together with lower courts.

In most jurisdictions and the the judicial branch has the power to change laws through the process of judicial review Judicial review is the doctrine in democratic theory under which legislative and executive actions are subject to review, and possible invalidation, by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority, such as the terms of a written constitution. Courts with judicial review power may annul the laws and rules of the state when it finds them incompatible with the provisions of a constitution A constitution is a set of laws that a set of people have made and agreed upon for government—often codified as a written document—that enumerates and limits the powers and functions of a political entity. These rules together make up, i.e. constitute, what the entity is. In the case of countries and autonomous regions of federal countries the. Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law Common law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different countries creating the body of constitutional law. During last decades the judiciary became active in economic issues related with economic rights established by constitution because "economics may provide insight into questions that bear on the proper legal interpretation".^[3] Since many a country with a transitional political and economic system continues treating its constitution as an abstract legal document disengaged from the economic policy of the state, practice of judicial review of economic acts of executive and legislative branches became to grow.

In the 1980s, the Supreme Court of India The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. According to the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal for almost a decade had been encouraging public interest litigation In Indian law, public interest litigation means litigation for the protection of the public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court's jurisdiction, that the person who is the victim of the violation on behalf of the poor and oppressed by using a very broad interpretation of several articles of the Indian Constitution Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens. Passed by the Constituent Assembly on 26 November 1949, it came. ^[4]

Budget A budget is generally a list of all planned expenses and revenues. It is a plan for saving and spending. A budget is an important concept in microeconomics, which uses a budget line to illustrate the trade-offs between two or more goods. In other terms, a budget is an organizational plan stated in monetary terms of the judiciary in many transitional and developing countries Developing country is a term generally used to describe a nation with a low level of material well being. There is no single internationally-recognized definition of developed country, and the levels of development may vary widely within so-called developing countries, with some developing countries having high average standards of living is almost completely controlled by the executive. The latter undermines the separation of powers, as it creates a critical financial dependence of the judiciary. The proper national wealth distribution including the government spending on the judiciary is subject of the constitutional economics. It is important to distinguish between the two methods of corruption of the judiciary: the state (through budget planning and various privileges), and the private. ^[5]

The term "judiciary" is also used to refer collectively to the personnel, such as judges A judge, or arbiter of justice, is a lead who presides over a court of law, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is like an umpire in a game and conducts the trial impartially and in an open court. The, magistrates A magistrate is a judicial officer; in ancient Rome, the word magistratus denoted one of the highest government officers with judicial and executive powers. Today, in common law systems, a magistrate has limited law enforcement and administration authority. In civil law systems, a magistrate might be a judge in a superior court; the magistrate's and other adjudicators, who form the core of a judiciary (sometimes referred to as a "bench Bench in legal contexts means simply the location in a courtroom where a judge sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or benches when presiding over a court. In modern courtrooms, the bench is usually an elevated desk area that allows a judge to view the entire courtroom (see photo at"), as well as the staffs who keep the system running smoothly.

History

The examples and perspective in this article may not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page.

After the French Revolution The French Revolution was a period of radical social and political upheaval in French and European history. The absolute monarchy that had ruled France for centuries collapsed in three years. French society underwent an epic transformation as feudal, aristocratic, and religious privileges evaporated under a sustained assault from liberal political, lawmakers prohibited any interpretation of law by judges, and the legislature was the only body permitted to interpret the law; this prohibition was later overturned by the Code Napoléon The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified. It was drafted rapidly by a commission of four eminent jurists and entered into force on March 21, 1804.^[6]

In France, along with other countries that Napoleon had conquered, or where there was a reception of the Civil Code approach, judges once again assumed an important role, like their English counterparts. In civil law jurisdictions at present, judges interpret the law to about the same extent as in common law jurisdictions – though it may be acknowledged in theory in a different manner than in the common law tradition which directly recognizes the limited power of judges to make law. For instance, in France France is a founding member state of the European Union and is the largest one by area. France has been a major power for several centuries with strong cultural, economic, military and political influence in Europe and in the world. During the 17th and 18th centuries, France colonised great parts of North America; during the 19th and early 20th, the jurisprudence constante of the Court of Cassation The French Supreme Court of Judicature is France's court of last resort having jurisdiction over all matters triable in the judicial stream but only scope of review to determine a miscarriage of justice or certify a question of law based soley on issues of law. The Court is located in the Hall of Justice building in Paris or the Council of State In France, the Council of State is a body of the French national government that provides the executive branch with legal advice and acts as the administrative court of last resort. The Council is primarily made up of high-ranking legal officers is equivalent in practice with case law Case law is the reported decisions of selected appellate and other courts which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis. These interpretations are distinguished from statutory law which are the statutes and codes enacted by legislative bodies; regulatory law which are.

In theory, in the French civil law tradition, a judge does not make new law; he or she merely interprets the intents of "the Legislator A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people. Legislatures may be supra-national (for example, the United Nations General Assembly), national (for example, the United States Congress), regional (for example, the." The role of interpretation is traditionally approached more conservatively in civil law jurisdictions than in common law jurisdictions. When the law fails to deal with a situation, doctrinal writers and not judges call for legislative reform.

Various functions

Politics Politics , is a process by which groups of people make collective decisions. The term is generally applied to behavior within civil governments, but politics has been observed in other group interactions, including corporate, academic, and religious institutions. It consists of "social relations involving authority or power" and refers

This article is part of the Politics Politics , is a process by which groups of people make collective decisions. The term is generally applied to behavior within civil governments, but politics has been observed in other group interactions, including corporate, academic, and religious institutions. It consists of "social relations involving authority or power" and refers series
List of political topics Politics by country Political science is the field concerning the theory and practice of politics and the description and analysis of political systems and political behavior Politics by subdivision Political economy Political economy originally was the term for studying production, buying and selling, and their relations with law, custom, and government. Political economy originated in moral philosophy. It developed in the 18th century as the study of the economies of states—polities, hence political economy Political history Political history is the narrative and analysis of political events, ideas, movements, and leaders. It is distinct from, but related to, other fields of history such as Diplomatic history, social history, economic history, and military history, as well as constitutional history and public history Political history of the world The political history of the world is the history of the various political entities created by the Human race throughout their existence on Earth and the way these states define their borders. Throughout history, political entities have expanded from basic systems of self-governance and monarchy to the complex democratic and communist systems that Political philosophy Political philosophy is the study of such as liberty, justice, property, rights, law, and the enforcement of a legal code by authority: what they are, why they are needed, what makes a government legitimate, what rights and freedoms it should protect and why, what form it should take and why, what the law is, and what duties citizens owe to a Political science Political science is a social science concerned with the theory and practice of politics and the description and analysis of political systems and political behavior. Political scientists "see themselves engaged in revealing the relationships underlying political events and conditions. And from these revelations they attempt to construct Political system A political system is a system of politics and government. It is usually compared to the legal system, economic system, cultural system, and other social systems. It is different from them, and can be generally defined on a spectrum from left, e.g. communism, to the right, e.g. fascism. However, this is a very simplified view of a much more Communism A communist state is a sovereign state with a form of government characterized by single-party rule or dominant-party rule of a communist party and a professed allegiance to a communist ideology as the guiding principle of the state City-state Whereas nation-states rely on a common heritage, be it linguistic, historical, economic, etc., the city-state relies on the common interest in the function of the urban center. The urban center and its activity supplies the livelihoods of all urbanites inhabiting the city-state Dictatorship A dictatorship is defined as an autocratic form of government in which the government is ruled by an individual, the dictator. It has three possible meanings: Directorial Feudalism Feudalism is a political and military system between a feudal aristocracy , and his vassals. In its most classic sense, feudalism refers to the Medieval European political system composed of a set of reciprocal legal and military obligations among the warrior nobility, revolving around the three key concepts of lords, vassals, and fiefs. Although Monarchy A monarchy is a form of government in which all political power is absolutely or nominally lodged with an individual or individuals. As a political entity, the monarch is the head of state, generally until their death or abdication, and "is wholly set apart from all other members of the state." The person who heads a monarchy is called a Parliamentary A parliamentary system is a system of government in which the ministers of the executive branch are drawn from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined. In such a system, the head of government is both de facto chief executive and chief legislator Presidential A presidential system is a system of government where an executive branch exists and presides separately from the legislature, to which it is not accountable and which cannot, in normal circumstances, dismiss it Semi-presidential The semi-presidential system, also known as the presidential-parliamentary system, or premier-presidential system, is a system of government in which a president and a prime minister are both active participants in the day-to-day administration of the state. It differs from a parliamentary republic in that it has a popularly elected head of state International relations International relations or International studies (IS) represents the study of foreign affairs and global issues among states within the international system, including the roles of states, inter-governmental organizations (IGOs), non-governmental organizations (NGOs), international nongovernmental organizations (INGOs), and multinational (theory International relations theory attempts to provide a conceptual framework upon which international relations can be analyzed. Ole Holsti describes international relations theories act as a pair of coloured sunglasses, allowing the wearer to see only the salient events relevant to the theory. An adherent of realism may completely disregard an event) Political scientists This is a list of notable political scientists. See the list of political theorists for those those who study political theory. To be added to this list the author need to be notable by wikipedia standards, which means he or she needs his or her own page Comparative politics Comparative politics is a subfield of political science, characterized by an empirical approach based on the comparative method. Arend Lijphart argues that comparative politics does not have a substantive focus in itself, but rather a methodological one: it focuses on "the how but does not specify the what of the analysis." In other Public administration Public administration is the "translation of politics into the reality that citizens see every day." Any unelected, public employee is a public administrator: police officers, municipal budget analysts, HR benefits administrators, city managers, Census analysts, and cabinet secretaries are public administrators. Public administrators are Bureaucracy Bureaucracy is the combined organizational structure, procedures, protocols, and set of regulations in place to manage activity, usually in large organizations. As opposed to adhocracy, it is often represented by standardized procedure that guides the execution of most or all processes within the body; formal division of powers; hierarchy; and Street-level bureaucracy Adhocracy Public policy (Legal doctrine) Public interest Separation of powers Legislature Executive Judiciary Sovereignty Theories of political behavior
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Elections Electoral systems Voting Federalism Form of government Ideology Political campaigning Political parties
Politics portal

In common or provinces, courts interpret law, including constitutions, statutes, and regulations. They also make law (but in a limited sense, limited to the facts of particular cases) based upon prior case law in areas where the legislature has not made law. For instance, the tort of negligence is not derived from statute law in most common law jurisdictions. The term common law refers to this kind of law.
In civil law jurisdictions, courts interpret the law, but are, at least in theory, prohibited from creating law, and thus, still in theory, do not issue rulings more general than the actual case to be judged. In practice, jurisprudence plays the same role as case law.
In socialist law, the primary responsibility for interpreting the law belongs to the legislature.

This difference can be seen by comparing United States, France and the People's Republic of China:

in the United States court system, the Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it, as well as the constitutionality of the various state laws; in the US federal court system, federal cases are tried in trial courts, known as the US district courts, followed by appellate courts and then the Supreme Court. State courts, which try the 98% of litigation,^[7] may have different names and organization; trial courts may be called "courts of common plea", appellate courts "superior courts" or "commonwealth courts".^[8] The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort.^[9]
in France, the final authority on the interpretation of the law is the Council of State for administrative cases, and the Court of Cassation for civil and criminal cases;
and in the People Republic of China, the final authority on the interpretation of the law is the National People's Congress.
Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a cassation court (for criminal law) and a Supreme Court. In this system the Supreme Court is always the final authority but criminal cases have four stages, one more than civil law.

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History

Various functions

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