46-608: An Amtsgericht (District Court) in Germany is an official court . These courts form the lowest level of the so-called ' ordinary jurisdiction ' of the German judiciary (German Ordentliche Gerichtsbarkeit ), which is responsible for most criminal and civil judicial matters. The German Amtsgericht may be compared to the magistrates' courts in England and Wales , although it has much broader sentencing powers. Its name derives from
92-522: A courtroom , and the building as a courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on
138-533: A courthouse . In recent years, courtrooms have been equipped with audiovisual technology to permit everyone present to clearly hear testimony and see exhibits. Irish legal tradition is inherited from English tradition and so an Irish courtroom has a similar setup to the English/Welsh model. The judge (or judges, in the Supreme Court and Special Criminal Court or some High Court cases) sits on
184-562: A jury . The word court comes from the French cour , an enclosed yard, which derives from the Latin form cōrtem , the accusative case of cohors , which again means an enclosed yard or the occupants of such a yard. The English word court is thus a descendant of the Latin word hortus from Ancient Greek χόρτος ( khórtos ) (meaning "garden", hence horticulture and orchard), both referring to an enclosed space. The meaning of
230-423: 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 . Jurisdiction is defined as the official authority to make legal decisions and judgements over a person or material item within a territory. "Whether a given court has jurisdiction to preside over
276-488: A body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions. This common standard of law became known as "Common Law". This legal tradition is practiced in the English and American legal systems . In most civil law jurisdictions, courts function under an inquisitorial system . In the common law system, most courts follow the adversarial system . Procedural law governs
322-541: A court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur is known as a courtroom , and the building as a courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to
368-430: A given case" is a key question in any legal action. Three basic components of jurisdiction are personal jurisdiction over an individual or thing ( rēs ), jurisdiction over the particular subject matter ( subject-matter jurisdiction ) and territorial jurisdiction . Jurisdiction over a person refers to the full authority over a person regardless of where they live, jurisdiction over a particular subject matter refers to
414-621: A judicial assembly is first attested in the 12th century, and derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard. The verb "to court", meaning to win favor, derives from the same source since people traveled to the sovereign's court to win his favor. The term the court is used to refer to the presiding officer or officials, usually one or more judges . The judge or panel of judges may also be collectively referred to as "the bench " (in contrast to attorneys and barristers , collectively referred to as "the bar "). In
460-483: A modern appearance. Depending on the layout of the room, a claimant may sit on either the right or left in a civil court, just as the prosecution may sit on either side (usually the opposite side to the jury) in a criminal court. In British courtrooms, a witness testifies from a witness-box, rather than the American "witness stand". In a criminal court, where the defendant is held in custody prior to court appearance,
506-417: A raised platform at the top of the court and wears a white collar (also called tabs ) and a black gown ; he/she does not wear a wig and does not use a gavel . The Irish national arms , a Celtic harp , is on the wall behind the judge, where the royal arms would be in a British court. The court registrar sits in front of the judge and administers oaths and deals with paperwork. The solicitors are at
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#1732766296578552-428: Is a stub . You can help Misplaced Pages by expanding it . This article about German law is a stub . You can help Misplaced Pages by expanding it . Court A court is any person or institution , often as a government 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
598-479: Is any person or institution , often as a government 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 resolution , and it is generally understood that all people have an ability to bring their claims before
644-417: Is marked off with a barrier, like the jury box and the witness stand. As late as the 1970s, some American courtrooms also had docks, but they gradually fell out of use. Defendants argued that they were prejudicial and interfered with the accused's right to counsel , since defense attorneys were traditionally seated at the table for defense counsel and were not normally allowed to sit next to the dock. There
690-569: Is more than two years imprisonment. A single judge is still able to impose up to four years imprisonment. There are 640 Amtsgerichte in Germany, whose jurisdictional area typically comprises a small number of towns or municipalities. The next higher level of ordinary jurisdiction is called the Landgericht . The term Amtsgericht may also refer to the building where the proceedings take place. This article about government in Germany
736-402: Is neither a witness stand nor a jury box, and the bench is much larger to accommodate multiple judges or justices. The walls are often partially or completely wood-paneled. This is a matter of style and tradition, but some jurisdictions have elected to construct courtrooms with a more modern appearance. Some courtroom settings are little more than a closed-circuit television camera transmitting
782-679: Is placed above and behind the judge or presiding magistrates to symbolise the fact that trials in England and Wales are carried out in the name of The Crown . The only exceptions to this are in the City of London courts where the judge or magistrate sits below the arms of the City of London as well as the Crown, a historic anomaly. In England and Wales the Royal Coat of Arms is displayed prominently over
828-401: Is usually an open space between the bench and the counsel tables, because of the court clerk and court reporter's tables in front of the bench and the jury box on the side. This space is called the well . It is considered extremely disrespectful to the court for persons who are not court employees to directly "traverse the well" without permission—that is, to walk directly toward the bench across
874-495: The reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers 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
920-520: The Amt as a denomination for an administrative and court district in many of the territories of the Holy Roman Empire . The main areas of an Amtsgericht's jurisdiction are: In criminal cases, the court may be composed of either one professional judge, where the expected sentence is not more than two years imprisonment, or 1-2 professional judges and 2 lay judges where the expected sentence
966-637: The finders of fact (these are known as jury trials ) or trials in which judges act as both finders of fact and finders of law (in some jurisdictions these are known as bench trials ). Juries are less common in court systems outside the Anglo-American common law tradition. Appellate courts are courts that hear appeals of lower courts and trial courts. Some courts, such as the Crown Court in England and Wales, may have both trial and appellate jurisdictions. The two major legal traditions of
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#17327662965781012-409: The rule of law . 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. There are various kinds of courts, including trial courts that hold trials and appellate courts that hear appeals . Two major legal traditions of the western world are the civil law courts and the common law courts. A court
1058-495: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply
1104-468: The United States, the legal authority of a court to take action is based on personal jurisdiction over the parties to the litigation and subject-matter jurisdiction over the claims asserted. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur is known as
1150-447: The attorneys so that the jury and spectators cannot hear what is being discussed off-record. Multiple courtrooms may be housed in a courthouse . The schedule of official court proceedings is called a docket . Courtrooms vary considerably in their layout, reflecting the history and development of the building. Some historic courtrooms remain in use and are generally wood-panelled; most newer courtrooms are not panelled and generally have
1196-686: The authority over the said subject of legal cases involved in a case, and lastly territorial jurisdiction is the authority over a person within an x amount of space. Other concepts of jurisdiction include general , exclusive , appellate , and (in the United States federal courts ) diversity jurisdiction . Courts may be organized into a hierarchy of courts and have specific jurisdiction and include specialized courts . Trial courts are courts that hold trials . Sometimes termed "courts of first instance", trial courts have varying original jurisdiction . Trial courts may conduct trials with juries as
1242-460: The bar has come to refer to the legal profession as a whole (see bar association ). There is usually a podium or lectern between the two tables where the lawyers may stand when they argue their case before the judge. In the Commonwealth (and many other countries), a courtroom used for trials of criminal cases often has a dock: a space exclusively reserved for seating a criminal defendant. It
1288-462: The court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on the Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done;
1334-407: The courtroom. On one side is the judge's bench, the tables for the plaintiff, the defendant, and their respective counsel, and a separate group of seats known as the jury box where the jury sits. Apart from the parties to the case and any witnesses, only the lawyers can literally pass the bar (court personnel and jury members usually enter through separate doors), and this is the reason why the term
1380-401: The defendant will be escorted by the security firm that has the contract to serve that court. In rare circumstances in civil trials a bailiff or someone else charged to keep order may be present (for example if a tenant who is due to be evicted for violent behaviour or a defendant arrives in court drunk). Unless prevented by disability, advocates are expected to address the court standing up, from
1426-643: The end of the eleventh century and became a foundation for university legal education starting in Bologna, Italy and subsequently being taught throughout continental European universities. Civil law is firmly ensconced in the French and German legal systems . Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066. The royal judges created
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1472-483: The front of the registrar, and the jury (if it is a jury trial) sits in a box to one side. The accused sits at the other side with a prison officer. A judicial assistant does legal research for the judge; they also announce when the judge enters of leaves the courtroom (usually by saying ‘all rise’, or in Irish 'seasaigí' ). Witnesses give testimony in a witness box to one side of the judge. Barristers are seated facing
1518-401: The great seal of the jurisdiction and the flags of the appropriate federal and state governments. Judges usually wear a plain black robe (a requirement in many jurisdictions). An exception was the late U.S. Supreme Court Chief Justice William Rehnquist , who broke tradition by adorning his robe with four gold stripes on each sleeve. (Rehnquist reportedly said that he had been inspired to add
1564-409: The judge, and the public and press behind them. Barristers also wear black robes and a white collar, and may wear a wig if they wish. All proceedings are recorded by a Digital Audio Recording (DAR) box. Irish court cases are not televised; one exception was a 2017 broadcast of some Supreme Court decisions. The judge generally sits behind a raised desk, known as the bench . Behind the judge are
1610-457: The judicial system and are generally private arbitrators , are depicted within the court show genre; however, the courts depicted have been criticized as misrepresenting real-life courts of law and the true nature of the legal system. Notable court shows include: Courtroom A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in
1656-431: The jury) slightly raised and facing forward is the stand where any witness who is called will give evidence. The stand is designed so that any solicitor examining a witness as well as the judge/sheriff may get a good view of the testimony. At the far side of the courtroom directly opposite the jury box and behind the stand are seats for journalists who are attached to the court and the court social worker. Seats for members of
1702-461: The main external entrance to the courthouse. As in other countries, the judge or sheriff sits on the bench . Directly below the bench is the clerk's station which usually has a computer to allow the clerk to get on with Court Disposal work during proceedings. Directly in front of the clerk is the well of court which has a semi-circular table at which all the advocates sit during proceedings. The Procurator Fiscal or Advocate Depute always sits in
1748-429: The other side of the bar is the gallery , with benches and chairs for the general public. In some cases the gallery is separated from the rest of the room by bulletproof glass . All of the above applies only to trial courts. Appellate courts in the United States are not finders of fact, so they do not use juries or receive evidence into the record; that is the trial court's job. Therefore, in an appellate court, there
1794-557: The position where they were seated before addressing the court. Appellate courts may hear evidence (and also be finders of fact) as well as review legal argument. In such cases witness evidence may be necessary, and many appellate courts therefore have witness stands. Courtrooms for hearings of the Family court which consider matters such as custody of children and divorce are generally smaller and more informal in layout than those for criminal and civil proceedings. The Royal Coat of Arms
1840-403: The proceedings to a correctional facility elsewhere to protect the court from violent defendants who view the proceedings on television within a jail conference room and are allowed duplex communications with the judge and other officers of the court. Many courtrooms are equipped with a speaker system where the judge can toggle a switch to generate white noise during sidebar conversations with
1886-486: The public are the back of the courtroom. There is no court reporter in Scotland; normal summary cases are simply minuted by the clerk indicating the disposal. If the case is a solemn (more serious) case involving a jury or if the case has a sexual element then proceedings will be tape recorded which is done under the supervision of the clerk. A High Court Noter is also in attendance to record witness evidence on behalf of
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1932-804: The rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law. In recent years, international courts are being created to resolve matters not covered by the jurisdiction of national courts. For example, the International Criminal Court , based in The Hague , in the Netherlands, or the Court of Permanent Lok Adalat (Public Utility Services), based in India. Television show courts, which are often not part of
1978-448: The seat at the right of the clerk during criminal proceedings. Behind the well of the court is the dock in which the accused will sit during proceedings. Dependent on the style of the courtroom, the jury box will either be on the right or left hand side of the well of the court. Scotland is unique in the western world in that it has 15 jurors. Usually to the right or left of the bench (again dependent on style and always directly opposite
2024-568: The stripes by his having seen such stripes worn by the character of the judge, in a local production of the Gilbert and Sullivan comic operatic spoof of English jurisprudence, Trial by Jury .) Adjacent to the bench are the witness stand and the desks where the court clerk and the court reporter sit. The courtroom is divided into two parts by a barrier known as the bar . The bar may be an actual railing , or an imaginary barrier. The bailiff stands (or sits) against one wall and keeps order in
2070-408: The well—and some courts have rules expressly forbidding this for the safety of the judge. Instead, if documents need to be given to or taken from the judge, attorneys are normally expected to approach the court clerk or bailiff, who acts as an intermediary. During trials, attorneys will ask the court's permission to traverse the well or "approach the bench" for "sidebar" conferences with the judge. On
2116-413: The western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture, although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman law , specifically a civil body of law entitled Corpus Juris Civilis . This theory of civil law was rediscovered around
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