Court in United States

Court Definition

In the legal sense court relates to the law in these commonly used senses:

Court refers to the persons assembled under authority of law, at a designated place, for the administration of justice. These persons are the judge (in U.S. law) or judges, clerk, marshal, bailiff, reporter, jurors, and attorneys, and they constitute a body of the government. It is not necessary that all of these persons be present to constitute a court court is frequently held without a jury.
The word refers to the authorized assembly of the persons who make up the court. Thus, we say, “Court will be held …” meaning that the judge, clerk, attorneys, and so on will gather together to administer justice. Or we say, “Judge Smith’s court . . meaning the clerk, attorneys, jurors, and so on over which Judge Smith presides.
Court refers to the judge or judges themselves, as distinguished from the counsel or jury. Thus, we have the expression, “In the opinion of the Court . . “May it please the Court . . “The Court stated. . .”In this sense, the word is written with a capital, because it is personified when it stands for the judge.
The word court is used occasionally to refer to the chamber, hall, or place where court is being held. Thus, a spectator is present “at court,” in the courtroom, but the defendant is “in court” because he or she is part of the assembly.
The name of a specific court always includes the word court, which is capitalized; for example, Probate Court, Essex County. Neither probate nor court is capitalized if reference is made to probate courts generally; for example, “Petitions for letters of administration are filed in probate courts.” (Revised by Ann De Vries)

For other meaning of it, read Court in the Legal Dictionary here.

Court Definition in the context of the Federal Court System

Government entity presided over by judges and authorized by statute to resolve legal disputes. Judges sometimes use “court” to refer to themselves in the third person, as in “the court has read the briefs.”

Court procedure

See the entry about Court Procedure

THE COURT AT WORK

The term of the Supreme Court begins on the first Monday in October and generally lasts until June or July of the following year.

Accepting Cases

Thousands of cases are appealed to the Supreme Court every year; only a few hundred cases are actually heard. Most of the cases are denied because the justices either agree with the lower court decision or believe that the cases do not involve a significant point of law. Cases that are accepted for review must pass the rule of four – four of the nine justices must agree to hear the case. Many of the cases accepted may be disposed of in brief orders returned to the lower court for reconsideration because of a related case that was recently decided. Those cases presented to the Supreme Court for possible review may be appealed through:
♦ writ of certiorari – an order by the Court (when petitioned) directing a lower court to send up the records of a case for review; usually requires the need to interpret law or decide a constitutional question
♦ certificate – a lower court may ask the Supreme Court about a rule of law or procedures in specific cases

Briefs and Oral Arguments

Once a case reaches the Supreme Court, lawyers for each party to the case file a written brief. A brief is a detailed statement of the facts of the case supporting a particular position by presenting arguments based on relevant facts and citations from previous cases. Interested parties may also be invited to submit amicus curiae (“friends of the court”) briefs, supporting or rejecting arguments of the case.

Oral arguments allow both sides to present their positions to the justices during a 30 minute period. Justices may interrupt the lawyers during this time, raising questions or challenging points of law.

Research and Conferences

Justices use law clerks to research the information presented in oral arguments and briefs. Throughout the term, the justices meet in private conferences to consider cases heard in oral argument, with the chief justice presiding over the conferences. Each justice may speak about the cases under discussion. An informal poll determines how each justice is leaning in the case.

Writing Opinions

Once the Supreme Court has made a decision in a case, the decision is explained in a written statement called an opinion.

If voting with the majority, the chief justice selects who will write the opinion; if voting with the minority, the most senior associate justice of the majority selects who will write the opinion.
♦ majority opinion – a majority of the justices agree on the decision and its reasons
♦ concurring opinion – a justice who agrees with the majority opinion but not with the reasoning behind the decision
♦ dissenting opinion – a justice or justices who disagree with the majority opinion
Opinions of the Supreme Court are as important as the decisions they explain. Majority opinions become precedents,
standards or guides to be followed in deciding similar cases in the future.

Court

Court in United States

Court Definition

Court Definition in the context of the Federal Court System

Court procedure

THE COURT AT WORK

Accepting Cases

Briefs and Oral Arguments

Research and Conferences

Writing Opinions

Resources

See Also

Further Reading (Books)

Further Reading (Articles)

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