What is the difference between magistrate court and superior court
Trial Courts are also called "Superior Courts. In the Trial Courts, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case.
Superior Courts handle:. The Courts of Appeal are California's intermediate courts of review. District headquarters for the Courts of Appeal are located in:. People who are not satisfied with a Trial Court decision can appeal their case in an Appellate Court. When they "appeal", they ask a higher-level court to change what the Trial Court decided. The role of the Courts of Appeal is not to give new trials, but to review the Superior Court record court files and transcripts to decide if legal errors were made.
To do this, the Court of Appeals may hear arguments from each side. Each side gets a chance to make a presentation and to answer the judges' questions. The oral arguments are open to the public, but there are no juries or witnesses. The Courts of Appeal cannot review death penalty cases. In each Court of Appeal, a panel of three judges, called "justices," decides appeals from Superior Courts.
The Courts of Appeal can agree with the decision of the Trial Court, agree in part and disagree in part, or disagree and reverse the Trial judge's decision.
The opinions are public and are posted on the Supreme Court's website. For more information about the Courts of Appeal and the cases they handle go to: www. The Supreme Court is the state's highest court. It can review cases decided by the Courts of Appeal.
Also, certain kinds of cases go directly to the Supreme Court and are not heard first in the Court of Appeal:. Sometimes, the Court holds special sessions in other cities in California. There are 7 justices on the Supreme Court, and at least 4 must agree on the final decision.
All other State courts in California must follow a decision made in the Supreme Court. Decisions of the Supreme Court are published in the California Official Reports, which can be found on the California Courts website at www.
The justices are appointed by the Governor then confirmed by the voters at the next general election. After the end of their year term, they must be confirmed by the voters again.
The justices must be lawyers. They must have passed the California Bar Examination or have served as a judge of a court of record in California for 10 years just before their appointment. In many states the Supreme Court is in charge of the overall administration of the state's courts.
But in California, the Judicial Council of California does this job. The Judicial Council plans and adopts policies and rules that say how the Courts of Appeal and the Superior Courts must work. It also conducts studies. New policies are established after the courts have had many opportunities for comment. The Chief Justice is the leader of the Judicial Council. The Administrative Office of the Courts serves as the staff agency to the Council.
More information on the Judicial Council can be found on the California Courts website. Educators looking for information about the judicial branch may also be interested in Civics Education information on the California Courts website. The Judiciary is another word for the court system. It is one of 3 branches in our government. The other two are the Legislative and Executive branches. The California and U.
Constitutions and laws guarantee you certain rights, including the right to:. Civil suits; here individuals sue others for non-payment of debts, breach of contracts, etc.
Criminal trials- Magistrates Courts hear the bulk of criminal cases. Where can I get more information on this Service. Box Gantsi Botswana Tel. Box 22 Mahalapye Botswana Tel. Box 35 Gumare Botswana Tel. Give Us Feedback. Your name. Your email address. You can take your complaint to your nearest Equality Court. Child Justice Courts Prior to 1 April , children who committed crime were dealt with, in terms of the Criminal Procedure Act, Act 51 of which also deals with adults who commit crime.
The aim of the CJA is to set up a child justice system for children in conflict with the law. This means that children under the age of 18, who are suspected to have committed crime, will not be dealt with in terms of the normal criminal procedure which is used for adults, but the child justice process will be followed.
The CJA seeks to ensure that child justice matters are managed in a rights-based manner and to assist children suspected of committing crime to turn their lives around and become productive members of society by engaging with the child in restorative justice measures, diversions and other alternative sentencing options.
Mothers or fathers who do not get support for their children from the other parent can approach Maintenance Courts to claim maintenance from that parent. There are Maintenance Officers in charge of maintenance matters at Magistrates Courts.
It is not necessary to have an attorney to claim maintenance. Maintenance Officers are always on hand to help those in need to complete the necessary forms.
In the case where one of the parents of the child refuses to pay maintenance; then the case must go to the Maintenance Court. In this case, the Maintenance Officer will provide details to the parties on when to appear in court and which court to go to. Sexual Offences Courts As part of responding to the problem of sexual offences, special sexual offences courts are set up across the country. They are built in such a way that children and victims get the necessary care, respect and support at the court.
For example, there is a waiting room to make sure that the woman or child, who is a victim of e. Toys are also available to make sure a relaxed atmosphere is created for a child. In some cases television is used to make sure that evidence by the victim in given in a comfortable way.
Magistrates hold court in both civil and criminal matters as officers of the district court under the authority of the chief district court judge. For criminal matters, magistrates conduct certain preliminary proceedings and are authorized to dispose of some cases by pleas of guilt or by trial.
Read more.
0コメント