Cecily Zamora
A court is an institution, typically a government entity, with the authority to resolve legal disputes between parties and administer justice in civil, criminal, and administrative matters. The first court-like entity was seen in 1178 when Henry II chose five members of his personal household to hear all the complaints of the realm and to do right, which was supervised by the King and wise men of the realm. This was the origin of the Court of Common Pleas. In 1789, the U.S. Supreme Court was established by Article 3 of the U.S. Constitution, granting it ultimate jurisdiction over all laws.
| Characteristics | Values |
|---|---|
| Origin of the word 'court' | The word 'court' comes from the French 'cour', meaning an enclosed yard, which in turn comes from the Latin 'cohors', with the same meaning. |
| Common law | Common law originated in the practices of the courts of English kings following the Norman Conquest in 1066. |
| Unification of common law | In 1154, Henry II created a unified system of common law, incorporating and elevating local customs to the national level. |
| Jury trials | Henry II's Assize of Clarendon in 1166 allowed for jury trials and reduced the number of trials by combat. |
| Court of Common Pleas | In 1178, Henry II chose 5 members of his household to "hear all the complaints of the realm and to do right", which was the origin of the Court of Common Pleas. |
| Court of King's Bench | The Court of King's Bench was established to hear complaints and pleas addressed to the king. |
| Clerical judges | In the 13th century, judges were often members of the clergy, though not necessarily parish priests. |
| Knights as judges | By the middle of the 13th century, knights had begun to join the clergy on the bench. |
| First professional judges | The first professional judges were appointed from the order of serjeants-at-law. |
| Law Merchant | The Law Merchant, based on Scandinavian trade customs, was established in the 10th century to facilitate trade using familiar standards. |
| US Supreme Court | The Supreme Court of the United States was established in 1789 by Article Three of the US Constitution. |
| US legal system | The US legal system primarily developed from the English common law system, except in Louisiana, which follows the French civilian system. |
| French and Latin in courts | French was the language of courts in England and Wales from the Norman Conquest until 1642. Many legal terms were expressed in Latin until the 20th century. |
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What You'll Learn
The first Supreme Court
The Supreme Court of the United States was established by the First Congress through the Judiciary Act of 1789. The Act was signed by President George Washington on September 24, 1789, and it established 13 district courts in major cities, three circuit courts, and a Supreme Court. The Supreme Court was to be comprised of a Chief Justice and five Associate Justices.
Washington nominated John Jay of New York to be the first Chief Justice of the Supreme Court. He also nominated James Wilson of Pennsylvania, John Rutledge of South Carolina, William Cushing of Massachusetts, Robert Harrison of Maryland, and John Blair of Virginia to be Associate Justices. However, only Jay, Wilson, Cushing, and Blair were present at the Court's first sitting. Harrison declined to serve.
The first group of Washington's appointments began service two days after the Judiciary Act of 1789 was passed. The Supreme Court met for the first time on February 1, 1790, at the Merchants Exchange Building in New York City, then the Nation's Capitol. The Court's first regular session was held at the Royal Exchange in New York City in 1790. The original Supreme Court met for only a few weeks each February and August.
The Judiciary Act of 1789 also required Justices of the Supreme Court to preside over the circuit courts located throughout the country twice a year. This was known as "riding the circuit". Due to the travel demands of "riding the circuit", Congress reduced the requirement to one journey per year in 1793, and abolished it in 1891.
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The Judiciary Act of 1789
The Act provided a charter for the federal judicial system by specifying the jurisdiction and powers of the district and circuit courts, and the qualifications and authority of federal judges, district attorneys, court clerks, U.S. Marshals, and Deputy Marshals. It set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices. The Supreme Court was granted exclusive original jurisdiction over all civil actions between states or between a state and the United States. Additionally, the Act gave the Supreme Court appellate jurisdiction in cases from the Federal circuit courts and state courts where Federal claims were rejected.
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The meaning of a 'court'
The word "court" is derived from the French "cour", which means an enclosed yard. In the legal context, it is a term used to refer to an official assembly for the transaction of judicial business. Courts are central to both common law and civil law legal systems as a means of dispute resolution. They are generally understood to be institutions, often government entities, with the authority to adjudicate legal disputes and administer justice in civil, criminal, and administrative matters.
Courts are typically constituted by a minimum of three parties: the plaintiff or āctor, who complains of an injury done; the defendant or reus, who is called upon to make satisfaction; and the judicial power or jūdex, who examines the facts, determines the law, and applies a legal remedy. The room where court proceedings occur is known as a courtroom, and the building is called a courthouse. The judge or panel of judges may be referred to as "the bench", while attorneys and barristers are referred to collectively as "the court".
There are various types of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Trial courts hold trials and may conduct them with juries as finders of fact (jury trials) or with judges acting as both finders of fact and law (bench trials). Appellate courts hear appeals from lower courts and trial courts. Some courts, like the Crown Court in England and Wales, have both trial and appellate jurisdictions.
In common law systems, courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set. However, in cases without precedent, judges are empowered to establish new precedent. Common law, as applied in civil cases, was developed to compensate for wrongful acts and to regulate contracts.
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The role of judges
Courts are institutions, often government entities, with the authority to adjudicate legal disputes and administer justice in civil, criminal, and administrative matters. Courts generally consist of judges or other judicial officers, and are established and dissolved through legislation. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide on certain questions or petitions.
In both systems, judges preside over court proceedings, either alone or as part of a judicial panel. Judges ensure that all parties, attorneys, and witnesses follow proper courtroom decorum and procedure, including making decisions on the admissibility of evidence. Judges also give juries instructions about the law that applies to a case and the standards to be used in deciding it. In bench trials, the judge determines the facts and decides the case, and sentences convicted criminal defendants.
In appellate courts, a panel of three judges will review the lower court's decision for legal errors. A larger panel may consider complex cases. Judges will review the appellate briefs and may listen to the parties' arguments during oral arguments, which gives them a chance to ask the parties questions about the case.
In many civil law countries in Europe, the majority of judges are women. In common law countries (UK, Ireland, Malta, and the United States), the situation is reversed, with over 70% of judges being men. In the U.S., federal judges are appointed "for good behaviour", which means they serve until death, retirement, or impeachment.
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The courtroom
A courtroom is the enclosed space where courts of law take place in front of a judge. Courtrooms are typically housed in a courthouse, and their layout differs depending on the type of case being heard. For instance, courtrooms for family court, which deals with matters such as child custody and divorce, are generally smaller and less formal than those for criminal and civil proceedings.
The judge or judges sit on a raised platform at the top of the court, wearing a plain black robe (although this can vary depending on the jurisdiction). In the case of the Supreme Court and Special Criminal Court, or some High Court cases, there may be multiple judges. Behind the judge are the great seal of the jurisdiction and the flag of the country or state. In the case of a court operated by a state or territorial government, that government's flag is also included. In the United States, the flag of the United States is displayed, while in Ireland, the national arms, a Celtic harp, is shown. The judge is announced when entering or leaving the courtroom, with the phrase 'all rise' or, in Irish, 'seasaigí'.
The court registrar sits in front of the judge, administering oaths and dealing with paperwork. The solicitors are positioned at the front of the registrar, with the jury box located to one side if it is a jury trial. The accused sits on the other side, accompanied by a prison officer. A judicial assistant is also present to conduct legal research for the judge. Witnesses give their testimony in a witness box located to one side of the judge, and barristers are seated facing the judge, with the public and press behind them. Barristers typically wear black robes and a white collar, and may wear a wig if they wish.
In recent years, courtrooms have been equipped with audiovisual technology to ensure that everyone present can clearly hear testimony and see exhibits. All proceedings are recorded using a Digital Audio Recording (DAR) box.
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Frequently asked questions
The US Supreme Court was established on September 24, 1789, by the Judiciary Act of 1789.
John Jay was the first Chief Justice of the US Supreme Court. He was nominated by President George Washington.
The US Supreme Court first assembled on February 1, 1790, in the Merchants Exchange Building in New York City.
