Court

Court in United States

Court Definition

(Lat. cohora, an inclosure). A body in the government to which the public administration of justice is delegated. A tribunal established for the administration of justice. 18 Mo. 570. The presence of a sufiicient number of the members of a judicial body regularly convened in an authorized place at an appointed time, engaged in the performance of its functions. It is to be observed, however, that a court does not come into being when it convenes, or pass out of existence when it adjourns. The idea of place in the Latin word from which the term is derived is given too great prominence in some definitions, notably in that of Blackstone, that a court is “a place where justice is judicially administered” (3 Bl. Comm. 23) ; a court being a tribunal rather than a place. The term is also used to signify the judge or judges themselves whfen duly convened, in contradistinction from the jury, and also in contradistinction from the judge or judges when not convened as a court. It has been said that in every court there must be three constituent parts, the plaintiff, the defendant, and the judicial power (actor, reus, and judex) (3 Bl. Comm. 25) ; but it is manifestly not essential to the idea of a court that it have a cause pending before it. See 1 Abb. Mich. Prac. § 2. Classification. Courts are divided into courts of record and courts not of record; a court of record being one whose acts and judicial proceedings are enrolled or recorded, and courts not of record being those inferior courts whose proceedings are not formally recorded or enrolled. Courts are also divided, as to the extent of their jurisdiction, into courts of general jurisdiction, and courts of limited or special jurisdiction; the former being those courts whose jurisdiction extends to all cases comprised within a class or classes, especially to cases of a civil nature (109 U.S. 278), and the latter being those courts which are limited either as to the value or the nature of the pleas which they may entertain, or as to the territory over which their jurisdiction extends. According to the nature of their jurisdiction, and the principles upon which it is exercised, courts are said to be of original jurisdiction, interme’diate or appellate; civil or criminal; ecclesiastical; of law or of equity; of admiralty; courts martiaL

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Legal Issue for Attorneys

(Lat. cohora, an inclosure). A body in the government to which the public administration of justice is delegated. A tribunal established for the administration of justice. 18 Mo. 570. The presence of a sufiicient number of the members of a judicial body regularly convened in an authorized place at an appointed time, engaged in the performance of its functions. It is to be observed, however, that a court does not come into being when it convenes, or pass out of existence when it adjourns. The idea of place in the Latin word from which the term is derived is given too great prominence in some definitions, notably in that of Blackstone, that a court is “a place where justice is judicially administered” (3 Bl. Comm. 23) ; a court being a tribunal rather than a place. The term is also used to signify the judge or judges themselves whfen duly convened, in contradistinction from the jury, and also in contradistinction from the judge or judges when not convened as a court. It has been said that in every court there must be three constituent parts, the plaintiff, the defendant, and the judicial power (actor, reus, and judex) (3 Bl. Comm. 25) ; but it is manifestly not essential to the idea of a court that it have a cause pending before it. See 1 Abb. Mich. Prac. § 2. Classification. Courts are divided into courts of record and courts not of record; a court of record being one whose acts and judicial proceedings are enrolled or recorded, and courts not of record being those inferior courts whose proceedings are not formally recorded or enrolled. Courts are also divided, as to the extent of their jurisdiction, into courts of general jurisdiction, and courts of limited or special jurisdiction; the former being those courts whose jurisdiction extends to all cases comprised within a class or classes, especially to cases of a civil nature (109 U.S. 278), and the latter being those courts which are limited either as to the value or the nature of the pleas which they may entertain, or as to the te
rritory over which their jurisdiction extends. According to the nature of their jurisdiction, and the principles upon which it is exercised, courts are said to be of original jurisdiction, interme’diate or appellate; civil or criminal; ecclesiastical; of law or of equity; of admiralty; courts martiaL

Notice

This definition of Court is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Concept of DOJ

In relation to immigration and citizenship, DOJ is defined as: An abbreviation (see more United States law abbreviations in the legal abbreviations platform of this Project) for the U.S. Department of Justice.


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