A county court is a court based in or with a jurisdiction covering one or more counties , which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of county courts held by the high sheriff of each county.
61-623: Since 2014, England and Wales have had what is officially described as "a single civil court" named the County Court, with unlimited financial jurisdiction. However it should be understood that there are County Court buildings and courtrooms throughout England and Wales, not one single location. It is "a single civil court" in the sense of a single centrally organised and administered court system . Before 2014 there were numerous separate county court systems, each with jurisdiction across England and Wales for enforcement of its orders, but each with
122-536: A common jail system managed by the county sheriffs departments. For example, in Texas, county courts exclusively handle Class A and B misdemeanors (these carry jail time as well as fines), share jurisdiction with justice of the peace and district courts on some mid-size civil cases, and have appellate jurisdiction from municipal and justice of the peace court cases. With the growth of the largest cities, many large urban centers have subsumed whole or most of counties within
183-586: A court in person, by post or via the Internet in some cases through the County Court Bulk Centre . Cases are normally heard at the court having jurisdiction over the area where the claimant lives. Most matters are decided by a district judge or circuit judge sitting alone. Civil matters in England (with minor exceptions, e.g. in some actions against the police) do not have juries. Judges in
244-403: A defined "county court district" from which it took claims. County court districts did not have the same boundaries as counties: the name was used because the county courts had evolved from courts which did in fact correspond to a county's territory. Today the court sits in many County Court centres, currently corresponding to the old individual county courts. County Court matters can be lodged at
305-410: A few hundreds of thousands of dollars. The limits vary between states. In some states the same level of court is called a district court . Below them are the magistrates courts . Above them are the state supreme courts . Some states adopt the two-tier appellate system, with the magistrates courts below and the state supreme courts above. In Northern Ireland there are seven county courts, following
366-790: A practice which was rare before the middle of the 20th century. Examples are the Welsh Language Acts 1967 and 1993 and the Government of Wales Act 1998 . Measures and Acts of the Senedd apply in Wales, but not in England. Following the Government of Wales Act, effective since May 2007, the Senedd can legislate on matters devolved to it. Following a referendum on 3 March 2011 , the Senedd gained direct law-making powers, without
427-594: A reference to "England" in legislation included Wales, and so in 1746, Parliament passed the Wales and Berwick Act 1746 . This specified that in all prior and future laws, references to "England" would by default include Wales (and Berwick-upon-Tweed ). The Wales and Berwick Act was repealed by the Welsh Language Act 1967 , although the statutory definition of "England" created by that Act still applies for laws passed before 1967. In new legislation since then, what
488-733: A specialist list in the Common Law Division known as the Commercial Court . The Supreme Court of Queensland has a similarly specialized docket known as the Commercial List. There is no single definition of the term 'superior court' (or 'superior court of record '). In many respects Australian superior courts are similar to the Senior Courts of England and Wales . In Australia, superior courts generally: Inferior courts are those beneath superior courts in
549-573: A supreme court, which is a superior court of record and is the highest court within that state or territory. These courts also have appeal divisions, known by various names across the country, including the full court , court of appeal, and court of criminal appeal. Decisions of the High Court are binding on all Australian courts, including state and territory supreme courts. State and territory courts can sometimes exercise federal jurisdiction (that is, decide federal matters). However, an attempt by
610-638: A time extended to the Antonine/Severan Wall . At that time, most of the native inhabitants of Roman Britain spoke Brythonic languages , and were all regarded as Britons , divided into numerous tribes. After the conquest, the Romans administered this region as a single unit, the province of Britain . Long after the departure of the Romans, the Britons in what became Wales developed their own system of law , first codified by Hywel Dda (Hywel
671-613: A variety of courts and tribunals at both the federal and State and Territory levels, with the High Court being the highest court in the Australian judicial system. A single body of Australian common law is applied in the various Australian courts, and ultimately determined by the High Court now that appeals to the (British) Judicial Committee of the Privy Council have been abolished. The High Court has described
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#1732772570833732-569: Is a court of original jurisdiction , and thus handles mostly trials of accused felons. The New York County Court "is established in each county outside New York City. It is authorized to handle the prosecution of all crimes committed within the County. The County Court also has limited jurisdiction in civil cases ...." More specifically, the New York County Court is: authorized to handle the prosecution of all crimes committed within
793-517: Is distinct from those of Northern Ireland and Scotland , and from Commonwealth realms . The national parks of England and Wales have a distinctive legislative framework and history. Australian court hierarchy#State and territory courts [REDACTED] [REDACTED] The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia . The High Court of Australia sits at
854-677: Is generally only granted in cases of public importance, matters involving the interpretation of the Commonwealth Constitution, or where the law has been inconsistently applied across the States and Territories. Therefore, in the vast majority of cases, the appellate divisions of the Supreme Courts of each State and Territory and the Federal Court are the final courts of appeal. Appeals from Australian courts to
915-510: Is not a separate court). Claims between £10,000 and £25,000 (£15,000 for cases started before April 2009) that are capable of being tried within one day are allocated to the "fast track" and claims over £25,000 (£15,000 for cases started before April 2009) to the "multi track." These 'tracks' are labels for the use of the court system - the actual cases will be heard in the County Court or the High Court depending on their value. For personal injury , defamation , and some landlord-tenant dispute cases
976-503: Is split into two divisions: The Court operate under the leadership of one Chief Justice, supported by one Deputy Chief Judge who hold a dual commission to both Divisions of the Court. A second Deputy Chief Judge assists in the management of the general federal law and Fair Work jurisdictions of Division 2. Each state and territory has its own court hierarchy, with varying jurisdiction of each court. However, all states and territories have
1037-505: Is the name given to the intermediate court in one Australian state , namely the County Court of Victoria (in other states and territories it is called the 'District Court'). They hear indictable (serious) criminal offences except for treason , murder , and manslaughter . Their civil jurisdiction is also intermediate, typically over civil disputes where the amount claimed is greater than a few tens of thousands of dollars but less than
1098-434: Is used in consumer credit scores , making it difficult or more expensive for the defendant to obtain credit. In order to avoid the record being kept for years in the register, the debt must be settled within thirty days after the date the County Court judgment was served (unless the judgment was later set aside). If the debt was not fully paid within the statutory period, the entry will remain for six full years. County court
1159-512: The High Court of Justice in Ireland or the assizes . Its jurisdiction was similar to that of the county courts in England and Wales. However, they differed from those court in their procedures. Claims were initiated by way of civil bill . Most matters were tried by a county court judge, and where necessary, a jury. The main administrative officer of the county court in each county was the Clerk of
1220-547: The Privy Council were initially possible, however the Privy Council (Limitation of Appeals) Act 1968 closed off all appeals to the Privy Council in matters involving federal legislation, and the Privy Council (Appeals from the High Court) Act 1975 closed almost all routes of appeal from the High Court. The Australia Act 1986 eliminated appeals from State Supreme Courts to the Privy Council. Appeals from
1281-401: The county . It has exclusive authority to handle trials in felony matters and shares authority with the local city, town and village courts to handle trials in misdemeanor cases (offenses punishable by less than one year in prison) and other minor offenses and violations. The County Court also has limited authority to hear civil cases involving monetary awards of $ 25,000 or less. Although
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#17327725708331342-726: The Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England , which is directly governed by the parliament and government of the United Kingdom . During the Roman occupation of Britain , the area of present-day England and Wales was administered as a single unit, except for the land to the north of Hadrian's Wall – though the Roman-occupied area varied in extent, and for
1403-469: The County Court are either former barristers or former solicitors, whereas in the High Court they are more likely to have formerly been a barrister . Civil claims with an amount in controversy under £10,000 (the Jackson Reforms have increased this from £5,000) are dealt with in the County Court under the small claims track (sometimes known to the lay public as "small claims court," although it
1464-688: The County Court is primarily a trial court, in the Third and Fourth Departments it also has appellate jurisdiction over cases originating in City, Town and Village Courts. In New York City, the New York City Criminal Court handles such jurisdiction. Otherwise in the United States, the courts of original jurisdiction in most states have jurisdiction over a particular county, parish, shire, or borough (comparable area entities in
1525-800: The Crown and Peace. The Courts of Justice Act 1924 abolished the county courts in the Irish Free State and transferred their jurisdiction (together with that of the quarter sessions) to the Circuit Court . The Circuit Court is still based on the organisational structure established for the county courts and the main administrative officer of each circuit is now called the County Registrar. County courts continue to exist in Northern Ireland . Civil bills are still used as
1586-837: The Federal Court. There is an appeal level of the Federal Court (the "Full Court" of the Federal Court), which consists of several judges, usually three but occasionally five in very significant cases. The Federal Circuit and Family Court of Australia is an inferior and intermediate court formed from the merger of the Family Court and the Federal Circuit Court with jurisdiction over matters broadly relating to family law and child support , administrative law , admiralty law , bankruptcy , copyright , human rights , industrial law , migration , privacy and trade practices . The Federal Circuit and Family Court
1647-824: The Good; reigned 942–950) when he was king of most of present-day Wales (compare King of Wales ); in England Anglo-Saxon law was initially codified by Alfred the Great in his Legal Code , c. 893 . However, after the Norman invasion of Wales in the 11th century, English law came to apply in the parts of Wales conquered by the Normans (the Welsh Marches ). In 1283, the English, led by Edward I , with
1708-1300: The Governor-General upon an address of both Houses of Parliament for proved misbehaviour. Judges in Australia are appointed by the Executive government of the relevant jurisdiction, and most judges have previously practised as a barrister . Federal judges may only serve until age 70. There is no constitutional limit on the length of service of state court judges, but state laws usually fix a retirement age. For example, in New South Wales, judges must retire at age 72, though they can remain as "acting judges" until age 76. Civil matters Court of Appeal ( NSW - NT ); Full Court ( SA - Tas ) Criminal matters Court of Criminal Appeal ( NSW - NT - SA - Tas ) No intermediate court (ACT - NI - NT - Tas) Local Court ( NSW - NT ); Court of Petty Sessions ( NI ) Minor claims division in Magistrates Court (SA - Tas - WA) Other tribunals ( ACT - NSW - NT - Qld - SA - Tas - Vic - WA ) The hierarchy consists of
1769-548: The High Court to the Privy Council are now only theoretically possible in inter se matters with leave of the High Court under section 74 of the Constitution; however, the High Court has indicated it will not grant such leave in the future. The Federal Court primarily hears matters relating to corporations, trade practices, industrial relations, bankruptcy, customs, immigration and other areas of federal law. The court has original jurisdiction in these areas, and also has
1830-652: The United States). In those states with an administrative county court, the body acts as the executive agency for the local government. For example, Harry S. Truman was county judge of Jackson County, Missouri in the 1930s, an executive position rather than a judicial post. The County Commissioners in Pennsylvania and Massachusetts manage the county government, including funding civil and criminal courts, jails and Sheriffs departments overseeing said jails, as well as recording deeds, maintaining county roads and
1891-679: The Welsh House of Tudor . The Laws in Wales Acts 1535 and 1542 then consolidated the administration of all the Welsh territories and incorporated them fully into the legal system of the Kingdom of England. This was in part to update outdated Welsh laws, but also to control Wales alongside England; through these acts, the Welsh could be seen as equals to the English. This was reflected on both Henry VIII and Elizabeth I 's coat of arms where
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1952-668: The apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law. The large number of courts in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost structures. Under the Australian Constitution , the judicial power of the Commonwealth is vested in the High Court of Australia and such other federal courts as may be created by
2013-549: The appellate hierarchy, and are generally seen to include the magistrates' and district (or county) court of each State as well as the Federal Circuit and Family Court . Inferior courts are typically characterised by: These courts among them have jurisdiction over Commonwealth law, that is, law made by the Federal parliament of Australia. The High Court is the highest court in the Australian judicial hierarchy. It
2074-519: The biggest army brought together in England since the 11th century, conquered the remainder of Wales , then organised as the Principality of Wales . This was then united with the English crown by the Statute of Rhuddlan of 1284. This aimed to replace Welsh criminal law with English law. Welsh law continued to be used for civil cases until the annexation of Wales to England in the 16th century by
2135-448: The concept of a superior court (and associated 'notions derived from the position of pre- Judicature common law courts') as having 'no ready application in Australia to federal courts.' Despite this, Australian courts are frequently characterised as either ' superior ' or 'inferior.' The Federal Court and the supreme courts of each State and Territory are generally considered to be superior courts. The Supreme Court of Victoria includes
2196-590: The county superior or circuit court. In New York, 'superior'/'circuit' courts are called "supreme court". The court that in other US jurisdictions is called "supreme court" is called "court of appeal" in New York, Maryland and the District of Columbia. Prior to 1924, the county courts were the main civil courts in Ireland , having jurisdiction over most civil matters, except for the larger actions which were heard by
2257-508: The doctrine of "accrued jurisdiction", the Federal Court can, however, rule on issues outside its explicit jurisdiction, provided that they are part of a larger controversy that the court does have jurisdiction over. The High Court has limited trial powers, but very rarely exercises them. It has ample power to transfer cases started there to another, more appropriate court, so that the High Court can conserve its energies for its appellate functions. Common law and equity are administered by
2318-512: The dragon represented Wales and the lion represented England. As soon as the Tudor dynasty ended with the death of Elizabeth I , however, the red dragon of Wales was dropped and replaced with the unicorn of Scotland with the succession of King James I who demoted Wales' status on the coat of arms and on the first adaptation of the Flag of Great Britain . Prior to 1746, it was not clear whether
2379-641: The facts of a case, provided that the particular court has jurisdiction to hear the principal cause of action. Most of the states have two further levels of courts, which are comparable across the country. The district court (or County Court in Victoria ) handles most criminal trials for less serious indictable offences, and most civil matters below a threshold (usually around $ 1 million). The magistrates' court (or local court) handles summary matters and smaller civil matters. In jurisdictions without district or county courts, most of those matters are dealt with by
2440-517: The family proceedings courts. Many United States states have a county court system which, least common, may be purely administrative (such as in Missouri ), focused primarily on registration of properties and deeds, or, most often, may have jurisdiction over civil cases such as lawsuits and criminal courts and jails (such as in New York, Massachusetts, Pennsylvania, et cetera) where trials from misdemeanors to felony cases are centered about
2501-785: The federal Parliament. These courts include the Federal Court of Australia and the Federal Circuit and Family Court of Australia . Federal jurisdiction can also be vested in State courts. The Supreme Courts of the States and Territories are superior courts of record with general and unlimited jurisdiction within their own State or Territory. Like the Supreme Courts of the States, the Federal Circuit and Family Court and Federal Court are superior courts of record, which means that they have certain inherent procedural and contempt powers. But unlike their State counterparts, their subject-matter jurisdiction must be conferred by statute. Under
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2562-784: The full Federal Court. As these territories have very small populations, the courts only sit from time to time as needed. The remaining external territories (including Antarctica) do not have permanent courts. In the event of a case arising from these territories, the courts of the ACT have jurisdiction. All the states and territories, with the exception of Tasmania, have a civil and administrative tribunal. These hear cases relating to lesser state or territory administrative disputes (involving some individual, business or government body). These commonly involve actions by persons bound to act pursuant to some form of devolved legislation ; such as environmental regulations or rental tenancy regulations. A table of
2623-521: The initiation document for Circuit Court/county court claims in both Irish jurisdictions, unlike in England and Wales. England and Wales England and Wales ( Welsh : Cymru a Lloegr ) is one of the three legal jurisdictions of the United Kingdom . It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542 . The substantive law of
2684-468: The jurisdiction is English law . The devolved Senedd (Welsh Parliament; Welsh : Senedd Cymru ) – previously named the National Assembly for Wales – was created in 1999 under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the legislature were expanded by the Government of Wales Act 2006 , which allows it to pass its own laws , and
2745-463: The law applicable to that business entity. A registered office must be specified as "in Wales" if the company wishes to use a name ending cyfyngedig or cyf , rather than Limited or Ltd. or to avail itself of certain other privileges relating to the official use of the Welsh language. Outside the legal system, the position is mixed. Some organisations combine as "England and Wales", others are separate. The order of precedence in England and Wales
2806-412: The like. In point of fact, each state has adjusted local governments powers and interactions to suit their own needs, so no one model is uniform even within the same state when the county is interfacing with a major city. In counties of Tennessee , the primary legislative body was called a county court until the ratification by the voters of the state of the constitutional amendments of 1978, which change
2867-507: The lower two tiers split original jurisdiction for both criminal and civil matters. broadly speaking, the jurisdiction of "county courts" is limited to misdemeanors and civil actions involving amounts in controversy less than $ 15,000.00, while the "circuit courts" handle felonies and larger civil cases. In the states that have a judicial county court, such as New York, it generally handles trials for felonies, as well as appeals of misdemeanors from local courts and some small claims cases. It
2928-650: The need to consult Westminster. This was the first time in almost 500 years that Wales had its own powers to legislate. Each piece of Welsh legislation is known as an Act of Senedd Cymru . For a company to be incorporated in the United Kingdom, its application for registration with Companies House must state "whether the company's registered office is to be situated in England and Wales (or in Wales), in Scotland or in Northern Ireland", which will determine
2989-410: The power to hear appeals from a number of tribunals and other bodies (and, in cases not involving family law, from the Federal Circuit and Family Court of Australia .) The court is a superior court of limited jurisdiction, but below the High Court of Australia in the hierarchy of federal courts, and was created by the Federal Court of Australia Act in 1976. Decisions of the High Court are binding on
3050-528: The request of the claimant in a number of ways, including requesting the court bailiffs to seize goods, the proceeds of any sale being used to pay the debt, or an Attachment of Earnings Order, where the defendant's employer is ordered to make deductions from the gross wages to pay the claimant. County Court judgments are recorded in the Register of Judgments, Orders and Fines and in the defendant's credit records held by credit reference agencies. This information
3111-499: The same courts, in a manner similar to that of the Judicature Acts in the United Kingdom. Legal and equitable remedies may be pursued in the one action in the one court. Judges are appointed by the executive government, without intervention by the existing judiciary. Once appointed, judges have tenure and there are restrictions on their removal from office. For example, a federal judge may not be removed from office except by
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#17327725708333172-475: The same model as those of England and Wales before unification in 2014. These are the main civil courts. While higher-value cases are heard in the High Court, the county courts hear a wide range of civil actions, consumer claims, and appeals from magistrates' courts. The county courts are called family care centres when hearing proceedings brought under the Children (Northern Ireland) Order 1995 and appeals from
3233-474: The states and the Commonwealth to pass legislation that would cross-vest state judicial powers in the federal courts was struck down by the High Court in Re Wakim; Ex parte McNally , as being unconstitutional. Notwithstanding this failure, however, both state and federal courts can exercise an "accrued jurisdiction," which enables them to hear all legal issues arising from a single set of facts. This enables all courts to deal with virtually all issues arising from
3294-432: The supreme courts. In Tasmania and the two mainland territories, however, there is only a magistrates' court below the Supreme Court. In three external territories ( Norfolk Island , Christmas Island , and Cocos (Keeling) Islands ) there is a supreme court and a magistrates' court or court of petty sessions. The supreme courts are staffed by judges of other courts, usually the Federal Court. Appeals from those courts lie to
3355-440: The term for this body in all but consolidated city-counties to county commission . Colloquially, the county commission is still frequently referred to as the "county court", particularly in rural areas. (The analogous body in consolidated city-counties is the metropolitan county council, usually shortened to "Metro council".) Likewise, five counties in Oregon are governed by a county court. In Florida 's four-tiered court system,
3416-422: The thresholds for each track have different values. Appeals are to a higher judge (a circuit judge hears district judge appeals), the High Court of Justice or to the Court of Appeal , as the case may be. In debt cases, the aim of a claimant taking County Court action against a defendant is to secure a County Court judgment . This is a legal order to pay the full amount of the debt. Judgments can be enforced at
3477-454: 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) different from a metropolis' police agencies, city governments, and district attorney's (prosecutors) offices (politically elected or appointed in most of
3538-441: The various states of the USA); in other cases, instead of being called "county court" they are called "district courts" or "circuit courts" with a hierarchy of state "superior court" districts up to that state's 'supreme court'. Multiple courts of typically limited original jurisdiction within a county are usually called "district courts" or, if located in and serving a particular municipality, "municipal courts"; and are subordinate to
3599-434: Was created by section 71 of the Constitution . It has appellate jurisdiction over all other courts. It also has original jurisdiction in certain matters, including powers of judicial review. The High Court of Australia is paramount to all federal courts. Further, it has an constitutionally entrenched general power of appeal from the Supreme Courts of the States. Appeals to the High Court are by special leave only, which
3660-545: Was guaranteed under the 1706 Treaty of Union that led to the Acts of Union 1707 , and as a consequence English law—and after 1801 , Irish law —continued to be separate. Following the two Acts of Union, Parliament can restrict the effect of its laws to part of the realm, and generally the effect of laws, where restricted, was originally applied to one or more of the former kingdoms. Thus, most laws applicable to England also applied to Wales. However, Parliament now passes laws applicable to Wales and not to England (and vice versa),
3721-444: Was referred to as "England" is now "England and Wales", while subsequent references to "England" and "Wales" refer to those political divisions. There have been multiple calls from both Welsh academics and politicians for a Wales criminal justice system . England and Wales are treated as a single unit for some purposes, because the two form the constitutional successor to the former Kingdom of England. The continuance of Scots law
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