Deminor Wiki - Types of Courts

Read below for a definition of the term: "Types of Courts".

What do we mean when we say "Types of Courts"?

Courts are judicial institutions that resolve disputes, interpret laws, and administer justice. They are structured in various ways to handle different types of cases, ranging from minor civil disputes to significant criminal trials and complex constitutional questions. The organisation and jurisdiction of courts vary by country, but common types can be identified within most legal systems.

The following is an illustrative example of how courts are categorised in international courts and the UK, however these may differ per jurisdiction.

International Courts

International Court of Justice (ICJ):

The International Court of Justice is the principal judicial organ of the United Nations. It settles disputes between states in accordance with international law and provides advisory opinions on legal questions referred by UN organisations and specialised agencies.

The Court of Justice of the European Union (CJEU):

The Court of Justice of the European Union (CJEU) ensures the uniform interpretation and application of EU law across member states. It adjudicates legal disputes involving EU institutions, member states, businesses, and individuals, and provides preliminary rulings when requested by national courts on the interpretation of EU law. The CJEU is composed of two main courts: the Court of Justice (ECJ) and the General Court, each handling different types of cases.

The European Court of Human Rights (ECHR):

The European Court of Human Rights (ECHR) ensures the enforcement and interpretation of the European Convention on Human Rights among its member states. It hears cases brought by individuals, organisations, and states alleging violations of the rights set out in the Convention. The ECHR's decisions are binding, requiring member states to implement necessary changes and provide redress for violations.

International Criminal Court (ICC):

The International Criminal Court prosecutes individuals for crimes of international concern, such as genocide, crimes against humanity, and war crimes. The ICC operates independently of the United Nations but cooperates with it and other international bodies.

Types of UK Courts

The UK court system is divided into superior and inferior courts, each with specific jurisdictions and functions. Superior courts handle more serious and complex cases, while inferior courts deal with less serious matters and initial proceedings.

Inferior Courts:

Tribunals

Tribunals are specialised judicial bodies that handle specific types of disputes, often related to administrative or regulatory matters, e.g., Employment Tribunals, Immigration and Asylum Tribunals, and Social Security and Child Support Tribunals.

Magistrates’ Courts

Magistrates’ courts are the court of first instance. The criminal jurisdiction of the magistrates’ court deals with less complex and serious criminal offenses, such as misdemeanours, petty theft, and minor traffic violations. Magistrates or judges in these courts conduct preliminary hearings, issue warrants, and determine bail. In some jurisdictions, magistrate courts may also handle initial proceedings for more serious crimes. They can also handle some civil matters, including family cases and licensing issues.

County Courts

County Courts deal with civil cases, including personal injury claims, breach of contract, debt recovery, and housing disputes. They handle cases that do not require the High Court's more extensive jurisdiction and resources. County Courts also hear family cases, such as divorce and child custody.

Family Courts

Family Courts specialize in family-related matters, including divorce, child custody, adoption, and domestic violence. They work in conjunction with the Family Division of the High Court and Magistrates' Courts to provide a comprehensive system for handling family law issues.

Juvenile Court

Juvenile courts deal with cases involving minors (between 10-17) who are accused of violating the law. These courts are less formal and focus on rehabilitation rather than punishment, aiming to provide guidance and support to juvenile offenders. Cases may include delinquency, status offenses (acts that are only offenses if committed by minors), and child protection matters.

Superior Courts:

Crown Court

The Crown Court handles serious criminal cases that are transferred from the Magistrates' Courts. It deals with indictable offenses and conducts trials with a judge and jury. The Crown Court also hears appeals from Magistrates' Courts and deals with sentencing.

High Court

The High Court is divided into three divisions:

  • Queen's Bench Division: This division deals with a wide range of common law cases, including personal injury, negligence, breach of contract, and judicial review.
  • Chancery Division: This division handles cases involving business law, trusts, probate, insolvency, and intellectual property.
  • Family Division: This division deals with family-related cases, including divorce, child custody, and domestic violence.

Court of Appeal

The Court of Appeal is also known as the intermediate appellate courts. Parties who are dissatisfied with a trial court's decision can appeal to these courts. They do not conduct new trials but review the record of the lower court proceedings and hear arguments from both sides. The Court of Appeal is divided into two divisions:

  • Civil Division: This division hears appeals from the High Court, the County Courts, and certain tribunals. It deals with a wide range of civil cases, including contract disputes, tort claims, and family law matters.
  • Criminal Division: This division hears appeals from the Crown Court against convictions and sentences.

Supreme Court

The Supreme Court is the highest appellate court in a jurisdiction. It has the final authority on interpreting the law and constitution. Supreme courts primarily handle cases of significant public importance, legal precedent, and constitutional issues. Decisions made by a supreme court are binding on all lower courts within the jurisdiction.

Conclusion

Courts play a vital role in maintaining the rule of law, protecting rights, and ensuring justice. The diversity of court types reflects the complexity of legal systems and the need to address various kinds of disputes and legal issues. Understanding the different types of courts helps in navigating the legal system and appreciating the specialized functions each court performs.