A tribunal is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as'their tribunal'. Many governmental bodies that are titled'tribunals' are so described to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda is a body specially constituted under international law. In many cases, the word tribunal implies a judicial body with a lesser degree of formality than a court, to which the normal rules of evidence and procedure may not apply, whose presiding officers are neither judges nor magistrates. Private judicial bodies are often styled'tribunals'. However, the word tribunal is not conclusive of a body's function–for example, in Great Britain, the Employment Appeal Tribunal is a superior court of record; the term is derived from magistrates of the Classical Roman Republic.
"Tribunal" referred to the office of the tribunes, the term is still sometimes used in this sense in historical writings. In the Republic of Ireland, tribunal popularly refers to a public inquiry established under the Tribunals of Inquiry Act 1921; the main difference between a Parliamentary Inquiry and a Tribunal of Inquiry in Ireland is that non-statutory inquiries are not vested with the powers and rights of the High Court. Tribunals of Inquiry are. Tribunals are established by resolution of the Houses of the Oireachtas to enquire into matters of urgent public importance, it is not a function of Tribunals to administer justice, their work is inquisitorial. Tribunals are obliged to report their findings to the Oireachtas, they have the power to enforce the attendance and examination of witnesses and the production of documents relevant to the work in hand. Tribunals can consist of one or more people. A layperson, or non-lawyer, may be the Sole member of a tribunal; the tribunal system of the United Kingdom is part of the national system of administrative justice.
Though it has grown up on an ad hoc basis since the beginning of the twentieth century, from 2007 reforms were put in place to build a unified system with recognised judicial authority, routes of appeal and regulatory supervision. In the Netherlands, before the separation of lawmaking, law enforcement, justice duties, all sentences were delivered by a tribunal of seven schepenen or magistrates, appointed by the local count; such a tribunal was called a Vierschaar, so called for a rope -or cord -, drawn In a four-square dimension, wherein the judges took place on four benches. These benches were positioned in a square as well with the defendant standing in the middle. Towns had the Vierschaar privilege to hear their own disputes; the Vierschaar was located in the town hall, many historic town halls still have such a room decorated with scenes from the Judgment of Solomon. There are tribunals for settling various administrative and tax-related disputes, including Central Administrative Tribunal, Income Tax Appellate Tribunal, Customs and Service Tax Appellate Tribunal, National Green Tribunal, Competition Appellate Tribunal and Securities Appellate Tribunal, among others.
In several states, Food Safety Appellate Tribunals have been created to hear appeals against orders of adjudicating officers for food safety. Armed Forces Tribunal is a military tribunal in India, it was established under the Armed Forces Tribunal Act, 2007. The following tribunals exist within the Judiciary of the Hong Kong Special Administrative Region of the People's Republic of China: Lands, Small Claims, Obscene Articles. For public inquiries, commissions are set up instead, under the Commissions of Inquiry Ordinance. In the Roman Catholic Church, a tribunal refers to one of three instances of ecclesiastical courts: a diocesan tribunal a provincial tribunal, that is, of more than one diocese and referred to as an appellate court, or the Sacra Rota Romana, or Sacred Roman Rota, the highest court of appeals. In Australia, the term tribunal implies a judicial body with a lesser degree of formality than a court, with a simplified legal procedure presided over by a lawyer, not a judge or magistrate.
In many cases the lawyers who function as tribunal members do so only on a part time basis, spend the greater part of their time carrying out other aspects of legal practice, such as representing clients. In many cases, the formal rules of evidence which apply in courts do not apply in tribunals, which enables tribunals to hear forms of evidence which courts may not be allowed to consider. Tribunals deal with simpler matters. Appeal from a tribunal is to a court. Tribunals in the Australian judicial system include: Administrative Appeals Tribunal Migration Review Tribunal New South Wales Civil and Administrative Tribunal Queensland Civil and Administrative Tribunal State Administrative Tribunal of Western Australia Victorian Civil and Administrative Tribunal South Australian Civil and Administration Tribunal In
Chief Justice of the United States
The Chief Justice of the United States is the chief judge of the Supreme Court of the United States, as such the highest-ranking judge of the federal judiciary. Article II, Section 2, Clause 2 of the Constitution grants plenary power to the President of the United States to nominate, with the advice and consent of the United States Senate, appoint a chief justice, who serves until they resign, are impeached and convicted, retire, or die; the chief justice has significant influence in the selection of cases for review, presides when oral arguments are held, leads the discussion of cases among the justices. Additionally, when the Court renders an opinion, the chief justice, if in the majority, chooses who writes the Court's opinion; when deciding a case, the chief justice's vote counts no more than that of any associate justice. Article I, Section 3, Clause 6 of the Constitution designates the chief justice to preside during presidential impeachment trials in the Senate. While nowhere mandated, the presidential oath of office is administered by the Chief Justice.
Additionally, the chief justice serves as a spokesperson for the federal government's judicial branch and acts as a chief administrative officer for the federal courts. The Chief Justice presides over the Judicial Conference and, in that capacity, appoints the director and deputy director of the Administrative Office; the Chief Justice is an ex officio member of the Board of Regents of the Smithsonian Institution and, by custom, is elected chancellor of the board. Since the Supreme Court was established in 1789, 17 people have served as chief justice; the first was John Jay. The current chief justice is John Roberts. John Rutledge, Edward Douglass White, Charles Evans Hughes, Harlan Fiske Stone, William Rehnquist served as associate justice prior to becoming chief justice; the United States Constitution does not explicitly establish an office of Chief Justice, but presupposes its existence with a single reference in Article I, Section 3, Clause 6: "When the President of the United States is tried, the Chief Justice shall preside."
Nothing more is said in the Constitution regarding the office. Article III, Section 1, which authorizes the establishment of the Supreme Court, refers to all members of the Court as "judges"; the Judiciary Act of 1789 created the distinctive titles of Chief Justice of the Supreme Court of the United States and Associate Justice of the Supreme Court of the United States. In 1866, at the urging of Salmon P. Chase, Congress restyled the chief justice's title to the current Chief Justice of the United States; the first person whose Supreme Court commission contained the modified title was Melville Fuller in 1888. The associate justices' title was not altered in 1866, remains as created; the chief justice, like all federal judges, is nominated by the President and confirmed to office by the U. S. Senate. Article III, Section 1 of the Constitution specifies that they "shall hold their Offices during good Behavior"; this language means that the appointments are for life, that, once in office, justices' tenure ends only when they die, resign, or are removed from office through the impeachment process.
Since 1789, 15 presidents have made a total of 22 official nominations to the position. The salary of the chief justice is set by Congress; the practice of appointing an individual to serve as chief justice is grounded in tradition. There is no specific constitutional prohibition against using another method to select the chief justice from among those justices properly appointed and confirmed to the Supreme Court. Constitutional law scholar Todd Pettys has proposed that presidential appointment of chief justices should be done away with, replaced by a process that permits the Justices to select their own chief justice. Three incumbent associate justices have been nominated by the president and confirmed by the Senate as chief justice: Edward Douglass White in 1910, Harlan Fiske Stone in 1941, William Rehnquist in 1986. A fourth, Abe Fortas, was not confirmed; as an associate justice does not have to resign his or her seat on the Court in order to be nominated as chief justice, Fortas remained an associate justice.
When associate justice William Cushing was nominated and confirmed as chief justice in January 1796, but declined the office, he too remained on the Court. Two former associate justices subsequently returned to service on the Court as chief justice. John Rutledge was the first. President Washington gave him a recess appointment in 1795. However, his subsequent nomination to the office was not confirmed by the Senate, he left office and the Court. In 1933, former associate justice Charles Evans Hughes was confirmed as chief justice. Additionally, in December 1800, former chief justice John Jay was nominated and confirmed to the position a second time, but declined it, opening the way for the appointment of John Marshall. Along with his general responsibilities as a member of the Supreme Court, the Chief Justice has several unique duties to fulfill. Article I, section 3 of the U. S. Constitution stipulates that the Chief Justice shall preside over impeachment trials of the President of the United States in the U.
S. Senate. Two Chief Justices, Salmon P. Chase and William Rehnquist, have presided over the trial in the Senate that follows an impeachment of the president – Chase in 1868 over the proceedings against President Andrew Johnson and Rehnquist in
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, a court of law and admiralty. There is a United States bankruptcy court associated with each United States district court; each federal judicial district has at least one courthouse, many districts have more than one. The formal name of a district court is "the United States District Court for" the name of the district—for example, the United States District Court for the Eastern District of Missouri. In contrast to the Supreme Court, established by Article III of the Constitution, the district courts were established by Congress. There is no constitutional requirement. Indeed, after the ratification of the Constitution, some opponents of a strong federal judiciary urged that, outside jurisdictions under direct federal control, like Washington, D. C. and the territories, the federal court system be limited to the Supreme Court, which would hear appeals from state courts.
This view did not prevail and the first Congress created the district court system, still in place today. There is at least one judicial district for each state, the District of Columbia, Puerto Rico; the insular areas of Guam, the Northern Mariana Islands, the United States Virgin Islands each have one territorial court. There are 89 districts in the 50 states, with a total of 94 districts including territories. There are other federal trial courts that have nationwide jurisdiction over certain types of cases, but the district court has concurrent jurisdiction over many of those cases, the district court is the only one with jurisdiction over civilian criminal cases; the United States Court of International Trade addresses cases involving international trade and customs issues. The United States Court of Federal Claims has exclusive jurisdiction over most claims for money damages against the United States, including disputes over federal contracts, unlawful takings of private property by the federal government, suits for injury on federal property or by a federal employee.
The United States Tax Court has jurisdiction over contested pre-assessment determinations of taxes. A judge of a United States district court is titled a "United States District Judge". Other federal judges, including circuit judges and Supreme Court Justices, can sit in a district court upon assignment by the chief judge of the circuit or by the Chief Justice of the United States; the number of judges in each district court is set by Congress in the United States Code. The President appoints the federal judges for terms of good behavior, so the nominees share at least some of his or her convictions. In states represented by a senator of the President's party, the senator has substantial input into the nominating process, through a tradition known as senatorial courtesy can exercise an unofficial veto over a nominee unacceptable to the senator. With the exception of the territorial courts, federal district judges are Article III judges appointed for life, can be removed involuntarily only when they violate the standard of "good behavior".
The sole method of involuntary removal of a judge is through impeachment by the United States House of Representatives followed by a trial in the United States Senate and a conviction by a two-thirds vote. Otherwise, a judge if convicted of a felony criminal offense by a jury, is entitled to hold office until retirement or death. In the history of the United States, only twelve judges have been impeached by the House, only seven have been removed following conviction in the Senate. A judge who has reached the age of 65 may elect to go on senior status and keep working; such senior judges are not counted in the quota of active judges for the district and do only whatever work they are assigned by the chief judge of the district, but they keep their offices and staff, many of them work full-time. A federal judge is addressed in writing as "The Honorable John/Jane Doe" or "Hon. John/Jane Doe" and in speech as "Judge" or "Judge Doe" or, when presiding in court, "Your Honor". District judges concentrate on managing their court's overall caseload, supervising trials, writing opinions in response to important motions like the motion for summary judgment.
Since the 1960s, routine tasks like resolving discovery disputes can, in the district judge's discretion, be referred to magistrate judges. Magistrate judges can be requested to prepare reports and recommendations on contested matters for the district judge's consideration or, with the consent of all parties, to assume complete jurisdiction over a case including conducting the trial. Federal magistrate judges are appointed by each district court pursuant to statute, they may be reappointed for additional eight-year terms. A magistrate judge may be removed "for incompetency, neglect of duty, or physical or mental disability". A magistrate judgeship may be a stepping stone to a district judges
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a Parliamentary committee. A hearing is distinguished from a trial in that it is shorter and less formal. In the course of litigation, hearings are conducted as oral arguments in support of motions, whether to resolve the case without further trial on a motion to dismiss or for summary judgment, or to decide discrete issues of law, such as the admissibility of evidence, that will determine how the trial proceeds. Limited evidence and testimony may be presented in hearings to supplement the legal arguments. Congressional hearing Preliminary hearing Unofficial hearing In the United States, one aspect of the "due process revolution" is that many administrative decisions that were once made much less formally must now be preceded by a hearing. An important step in this development was the Supreme Court decision in Goldberg v. Kelly, 397 U. S. 254. There the Court held that an agency could not terminate a recipient's welfare benefits without a pre-termination hearing.
The decision illustrated that what constitutes a "hearing" can depend on the context. In Goldberg, the goal of a speedy decision was held to "justify the limitation of the pre-termination hearing to minimum procedural safeguards," which included such basic matters as the right to appear and to cross-examine witnesses, but did not include "a complete record and a comprehensive opinion". Continuance Due process Jury trial Lawsuit Right to a fair trial Rule of law Trial by ordeal
A court is any person or institution with authority to judge or adjudicate as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil 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, it is understood that all people have an ability to bring their claims before a court; the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is 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, the building as a courthouse; the practical authority given to the court is known as its jurisdiction – 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.
It is usual in the superior courts to have barristers, attorneys or counsel, as assistants, though courts consist of additional barristers, reporters, a jury. The term "the court" is used to refer to the presiding officer or officials one or more judges; the judge or panel of judges may be collectively referred to as "the bench". In the United States, other common law jurisdictions, the term "court" 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 over the parties to the litigation and subject-matter jurisdiction over the claims asserted; the word court comes from the French cour, an enclosed yard, which derives from the Latin form cortem, the accusative case of cohors, which again means an enclosed yard or the occupants of such a yard. The English word court is a cognate of the Latin word hortus from Ancient Greek χόρτος, both referring to an enclosed space; the meaning of a judicial assembly is first attested in the 12th century, derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard.
The verb "to court", meaning to win favor, derives from the same source since people traveled to the sovereign's court to win his favor. The word jurisdiction comes from juris and dictio. Jurisdiction is defined as the official authority to make legal decisions and judgements over an individual or materialistic item within a territory."Whether a given court has jurisdiction to preside over a given case" is a key question in any legal action. Three basic components of jurisdiction are personal jurisdiction over an individual, jurisdiction over the particular subject matter or thing and territorial jurisdiction. Jurisdiction over a person refers to the full authority over a person regardless on where they live, jurisdiction over a particular subject matter refers to the authority over the said subject of legal cases involved in a case, lastly, territorial jurisdiction is the authority over a person within an x amount of space. Other concepts of jurisdiction include general jurisdiction, exclusive jurisdiction, territorial jurisdiction, appellate jurisdiction, diversity jurisdiction.
Trial courts are courts. Sometimes termed "courts of first instance", trial courts have varying original jurisdiction. Trial courts may conduct trials with juries as the finders of fact or trials in which judges act as both finders of fact and finders of law. Juries are less common in court systems outside the Anglo-American common law tradition. Appellate courts are courts that hear appeals of trial courts; some courts, such as the Crown Court in England and Wales may have both trial and appellate jurisdictions. The two major legal traditions of the western world are the civil law courts and the common law courts; these two great legal traditions are similar, in that they are products of western culture although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman Law a civil body of law entitled "Corpus iuris civilis"; this theory of civil law was rediscovered around the end of the eleventh century and became a foundation for university legal education starting in Bologna and subsequently being taught throughout continental European Universities.
Civil law is ensconced in the French and German legal systems. Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066; the royal judges created a body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions. This common standard of law became known as "Common Law"; this legal tradition is practiced in the English and American l
New York (state)
New York is a state in the Northeastern United States. New York was one of the original thirteen colonies. With an estimated 19.54 million residents in 2018, it is the fourth most populous state. To distinguish the state from the city with the same name, it is sometimes called New York State; the state's most populous city, New York City, makes up over 40% of the state's population. Two-thirds of the state's population lives in the New York metropolitan area, nearly 40% lives on Long Island; the state and city were both named for the 17th century Duke of York, the future King James II of England. With an estimated population of 8.62 million in 2017, New York City is the most populous city in the United States and the premier gateway for legal immigration to the United States. The New York metropolitan area is one of the most populous in the world. New York City is a global city, home to the United Nations Headquarters and has been described as the cultural and media capital of the world, as well as the world's most economically powerful city.
The next four most populous cities in the state are Buffalo, Rochester and Syracuse, while the state capital is Albany. The 27th largest U. S. state in land area, New York has a diverse geography. The state is bordered by New Jersey and Pennsylvania to the south and Connecticut and Vermont to the east; the state has a maritime border with Rhode Island, east of Long Island, as well as an international border with the Canadian provinces of Quebec to the north and Ontario to the northwest. The southern part of the state is in the Atlantic coastal plain and includes Long Island and several smaller associated islands, as well as New York City and the lower Hudson River Valley; the large Upstate New York region comprises several ranges of the wider Appalachian Mountains, the Adirondack Mountains in the Northeastern lobe of the state. Two major river valleys – the north-south Hudson River Valley and the east-west Mohawk River Valley – bisect these more mountainous regions. Western New York is considered part of the Great Lakes region and borders Lake Ontario, Lake Erie, Niagara Falls.
The central part of the state is dominated by the Finger Lakes, a popular vacation and tourist destination. New York had been inhabited by tribes of Algonquian and Iroquoian-speaking Native Americans for several hundred years by the time the earliest Europeans came to New York. French colonists and Jesuit missionaries arrived southward from Montreal for trade and proselytizing. In 1609, the region was visited by Henry Hudson sailing for the Dutch East India Company; the Dutch built Fort Nassau in 1614 at the confluence of the Hudson and Mohawk rivers, where the present-day capital of Albany developed. The Dutch soon settled New Amsterdam and parts of the Hudson Valley, establishing the multicultural colony of New Netherland, a center of trade and immigration. England seized the colony from the Dutch in 1664. During the American Revolutionary War, a group of colonists of the Province of New York attempted to take control of the British colony and succeeded in establishing independence. In the 19th century, New York's development of access to the interior beginning with the Erie Canal, gave it incomparable advantages over other regions of the U.
S. built its political and cultural ascendancy. Many landmarks in New York are well known, including four of the world's ten most-visited tourist attractions in 2013: Times Square, Central Park, Niagara Falls, Grand Central Terminal. New York is home to the Statue of Liberty, a symbol of the United States and its ideals of freedom and opportunity. In the 21st century, New York has emerged as a global node of creativity and entrepreneurship, social tolerance, environmental sustainability. New York's higher education network comprises 200 colleges and universities, including Columbia University, Cornell University, New York University, the United States Military Academy, the United States Merchant Marine Academy, University of Rochester, Rensselaer Polytechnic Institute, Rockefeller University, which have been ranked among the top 40 in the nation and world; the tribes in what is now New York were predominantly Algonquian. Long Island was divided in half between the Wampanoag and Lenape; the Lenape controlled most of the region surrounding New York Harbor.
North of the Lenape was the Mohicans. Starting north of them, from east to west, were three Iroquoian nations: the Mohawk, the original Iroquois and the Petun. South of them, divided along Appalachia, were the Susquehannock and the Erie. Many of the Wampanoag and Mohican peoples were caught up in King Philip's War, a joint effort of many New England tribes to push Europeans off their land. After the death of their leader, Chief Philip Metacomet, most of those peoples fled inland, splitting into the Abenaki and the Schaghticoke. Many of the Mohicans remained in the region until the 1800s, however, a small group known as the Ouabano migrated southwest into West Virginia at an earlier time, they may have merged with the Shawnee. The Mohawk and Susquehannock were the most militaristic. Trying to corner trade with the Europeans, they targeted other tribes; the Mohawk were known for refusing white settlement on their land and banishing any of their people who converted to Christianity. They posed a major threat to the Abenaki and Mohicans, while the Susquehannock conquered the Lenape in the 1600s.
The most devastating event of the century, was the Beaver Wars. From 1640–1680, Iroquoian peoples waged campaigns which extended from modern-day Michigan to Virginia against Algonquian and Siouan tribes, as well as each other; the ai