What is the Court? Purposes and Structures of the Court.

A court is a form of tribunal, often a governmental 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 persons have an ability to bring their claims before 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 interpret and apply the law are 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 buildings in cities.

The practical authority given to the court is known as its jurisdiction (Latin jus dicere) -- 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 is constituted by a minimum of three parties: the actor or plaintiff, who complains of an injury done; the reus or defendant, who is called upon to make satisfaction for it, and the judex or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers to apply a legal remedy. It is also usual in the superior courts to have attorneys, and advocates or counsel, as assistants, though, often, courts consist of additional attorneys, bailiffs, reporters, and perhaps a jury.

The term "the court" is also 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 the United States, and other common law jurisdictions, the term "court" (in the case of U.S. federal courts) by law is used to describe the judge himself or herself.

In the United States, the legal authority of a court to take action is based on personal jurisdiction, subject-matter jurisdiction, and venue over the parties to the litigation. .:

Types of Courts.

Types and organization of courts

Appellate court

Administrative court

Constitutional court

Court of Faculties

Court-martial

Courts of England and Wales

Ecclesiastical court

Equity court

Family court

High Court of Justiciary

Revolutionary Tribunal (French Revolution)

Scots Law

Scottish Court Service

Supreme court

Trial court

1 appellate court(or court of appeals, appeals court) This is where a case is reviewed which has already been heard in a lower court
2 crown court This is where serious criminal cases are heard by a judge and a jury in the UK.
3 higher court(or supreme court) This is usually the highest court in a jurisdiction, the court of last resort.
4 juvenile court This is where a person under the age of 18 would be tried.
5 lower court(or court of first instance) This is the court of primary jurisdiction, where a case is heard for the first time.
6 magistrates' court This is where small crimes are tried in the UK.
7 moot court This is where law students argue hypothetical cases.
8 small-claims court This is where cases involving a limited amount of money are handled.
9 tribunal This is where a group of specially chosen people examine legal problems of a particular type, such as employment disputes.

 

Persons in Courts.

- judge –public official who has the authority to hear and decide cases

- plaintiff/ petitioner –person who initiates a civil lawsuit

-expert witness – person who has specialised knowledge of a particular subject who is called to testify in courts

- appellant – person who appeals a decision to a higher court

- ADvocate -person who pleads cases in court

- clerk –employee who takes records, files papers and issues processes

- bailiff -officer of the court whose duties include keeping order and assisting

- reasonably prudent person -hypothetical person who uses good judgment or common sense in handling practical matters; such as person’s actions are the guide in determining whether an individual’s actions are reasonable

- defendant/ respondent -person who is sued in a civil lawsuit

 

Documents in Courts.

1.affidavit a written statement that somebody makes after they have sworn officially to tell the truth, which might be used as proof in court
2.answer the principal pleading by the defendant in response to a complaint
3.brief a document or set of documents containing the details about a court case
4.complaint in civil law, the first pleading filed on behalf of a plaintiff, which initiates a lawsuit, setting forth the facts on which the claim is based
5.injunction an official order from a court for a person to stop doing something
6.motion an application to a court to obtain an order, ruling or decision
7.notice a document providing notification of a fact, claim or proceeding
8.pleading a formal written statement setting forth the cause of action or the defence in a case
9.writ a document informing someone that they will be involved in a legal process and instructing them what they must do

Block 4. Company Law.



1. Business Organizations (associations)

Companies law (or the law of business associations) is the field of law concerning companies and other business organizations. This includes corporations, partnerships and other associations which usually carry on some form of economic or charitable activity. The most prominent kind of company, usually referred to as a "corporation", is a "juristic person", i.e. it has separate legal personality, and those who invest money into the business have limited liability for any losses the company makes, governed by corporate law. The largest companies are usually publicly listed on stock exchanges around the world. Even single individuals, also known as sole traders may incorporate themselves and limit their liability in order to carry on a business. All different forms of companies depend on the particular law of the particular country in which they reside.

 

The law of business organizations originally derived from the common law of England, but has evolved significantly in the 20th century. In common law countries today, the most commonly addressed forms are:

Corporation

Limited company

Unlimited company

Limited liability partnership

Limited partnership

Not-for-profit corporation

Partnership

Sole Proprietorship

 

The proprietary limited company is a statutory business form in several countries, including Australia.

 

Many countries have forms of business entity unique to that country, although there are equivalents elsewhere. Examples are the Limited-liability company (LLC) and the limited liability limited partnership (LLLP) in the United States.

 

Other types of business organizations, such as cooperatives, credit unions and publicly owned enterprises, can be established with purposes that parallel, supersede, or even replace the profit maximization mandate of business corporations.

 

For a country-by-country listing of officially recognized forms of business organization, see Types of business entity.

 

There are various types of company that can be formed in different jurisdictions, but the most common forms of company are:

a company limited by guarantee. Commonly used where companies are formed for non-commercial purposes, such as clubs or charities. The members guarantee the payment of certain (usually nominal) amounts if the company goes into insolvent liquidation, but otherwise they have no economic rights in relation to the company .

a company limited by guarantee with a share capital. A hybrid entity, usually used where the company is formed for non-commercial purposes, but the activities of the company are partly funded by investors who expect a return.

a company limited by shares. The most common form of company used for business ventures.

an unlimited company either with or without a share capital. This is a hybrid company, a company similar to its limited company (Ltd.) counterpart but where the members or shareholders do not benefit from limited liability should the company ever go into formal liquidation.

 

There are, however, many specific categories of corporations and other business organizations which may be formed in various countries and jurisdictions throughout the world.


2. Company formation. Law firm structure.









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