COURT - Black's Law Dictionary

What is COURT? Definition of COURT in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

A space  which  is uncovered, but which may be partly  or wholly inclosed by buildings or walls.  Smith  v. Martin, 95 Okl. 271, 219 P. 312, When used  in connection with a street, indicates a short  street, blind  alley,  or open  space like a short  street  inclosed by dwellings or other buildings facing  thereon. City of Miami v. Saunders, 151 Fla. 699, 10 So.2d 326, 329.

Legislation

A legislative assembly. Parliament is called In the old books  a court of the king, nobility, and commons assembled. Finch, Law, b. 4, c. 1, p. 233; Fleta, lib. 2, c. 2.

The application of the term—which originally denoted the place of assembling—to  denote the assemblage, resembles the similar application of the Latin  term  curia, and is readily explained by the fact that the earlier courts were merely  assemblages, in the court-yard of the baron  or of the king himself, of those  who were qualified and whose

duty it was so to appear at stated times or upon summons. Traces of this usage and constitution  of courts still remain in the  courts baron, the  various courts for the  trial  of I mpeachments in England  and the United  States,  and in the control exercised by the parliament of England and the legislatures of the various  states of the United  States over the organization  of courts of justice, as constituted  in modern times. This meaning of the word  has also been retained  in the titles of some deliberative bodies,  such as the "general court" of Massachusetts, i. e., the legislature.

International Law

The person and suite of the sovereign; the place where the sovereign sojourns with  his regal  retinue, wherever that  may  be. The  English government  is spoken  of in diplomacy as the court of St. James,  because  the palace of St. James is the official palace.

Practice

An organ of the government, belonging to the judicial department, whose  function is the application of the laws to controversies brought  before it and the public  administration of justice. White County  v. Gwin, 136 Ind. 562, 36 N.E. 237, 22 L. R.A. 402; Bradley v. Town  of Bloomfield, 85 N.J. Law, 506, 89 A. 1009.

The presence of a sufficient number of the members of such a body regularly convened in an authorized place  at an appointed time,  engaged in the full and regular  performance of its functions. Brumley v. State,  20 Ark. 77; Wightman v. Karsner, 20 Ala. 446.

A body in the government to which  the administration of justice is delegated. A body  organized to administer justice, and including  both judge and  jury. Houston Belt & Terminal Ry.  Co.  v. Lynch,  Tex.Com.App., 221 S.W. 959, 960; People ex rel. Thaw v. Grifenhagen,  Sup., 154 N.Y.S. 965, 970; Peterson v. Fargo-Moorhead St. Ry. Co., 37 N.D. 440, 164 N.W. 42, 49.

A tribunal officially assembled  under authority  of law at the appropriate time and place, for the administration of justice. In re Carter's Estate, 254 Pa. 518, 99 A. 58.

An agency of the  sovereign created by it directly or indirectly under  its authority, consisting of one or more officers, established and maintained for the purpose of hearing  and determining issues of law and fact regarding legal rights and alleged violations  thereof, and of applying the sanctions  of the law, authorized  to exercise its powers in due course of law at times and places previously  determined  by lawful  authority. Isbill v. Stovall,  Tex.Civ.App., 92 S.W.2d 1067, 1070.

An incorporeal,  political being, composed of one or more judges, who  sit at fixed  times and  places, attended by proper officers, pursuant to lawful authority, for the administration of justice.  State v. Le Blond, 108 Ohio  St. 126, 140 N.E. 510, 512. An organized body with defined powers,  meeting  at certain times and places for the hearing and  decision of causes and  other matters brought before it, and  aided in this,  its proper business, by  Its proper officers, viz., attorneys  and counsel to present and manage  the business, clerks to record and attest its acts and decisions,  and ministerial  officers to execute its commands,  and secure due order in its proceedings. Ex parte Gardner, 22 Nev. 280, 39 P. 570; Hertzen  v. Hertzen,   104 Or. 423, 208 P. 580, 582.

It is a passive  forum  for adjusting disputes and has no power  to investigate facts or to initiate  proceedings. Sale v. Railroad Commission, 15 Ca1.2d 612, 104 P.2d 38, 41.

The place where justice  is judicially administered. Co. Litt.  58a;  3 Bl. Comm. 23. Railroad Co. v. Harden, 113 Ga. 456, 38 S.E. 950; Croft v. Croft, 119 N.J.Eq. 468, 182 A. 853.

The judge, or the body of judges,  presiding over a court.

The  words "court" and  "judge," or "judges," are  frequently used in statutes as synonymous. When used with reference to orders made by the court or judges,  they are to be so understood. State v. Caywood, 96 Iowa, 367, 65 N.W. 385; Sale v. Railroad Commission, 15 Ca1.2d 612, 104 P.2d 38, 41.

The word  "court" is often  employed in statutes othewise than in its strict  technical sense,  and is applied to various  tribunals not judicial  in their character, State v. Howat, 107 Kan. 423, 191 P. 585, 589; for example, in New Jersey, the "court of pardons";  In re Court of Pardons,  97 N.J.Eq. 555, 129 A. 624, 625.

Classification

Courts  may be classified and divided  according to several methods, the following being  the more usual:

Courts of record  and courts  not of record. The former being  those  whose acts  and judicial proceedings  are enrolled,  or recorded,  for a perpetual memory  and testimony, and which have power to fine or imprison for contempt. Error  lies to their judgments, and  they  generally possess a seal. Courts  not of record  are those of inferior  dignity, which  have no power  to fine or imprison, and in which the proceedings are not enrolled  or recorded. 3 Bl. Comm. 24; 3 Steph. Comm. 383;  The Thomas Fletcher, C.C.Ga., 24 F. 481;  Ex parte Thistleton, 52 Cal. 225; Erwin  v. U. S., D.C.Ga., 37 F. 488,  2 L.R.A. 229;  Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231.

A "court of record" is a judicial tribunal having attributes and exercising functions independently of the person of the  magistrate designated generally to hold  it, and proceeding according to the course of common law, its acts and proceedings being enrolled  for a perpetual  memorial. Jones v. Jones, 188 Mo.App.  220, 175 S.W. 227, 229; Ex parte Gladhill,  8 Metc., Mass., 171, per Shaw, C. J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689.

Courts may be at the same time of record for some purposes and not of record for others.  Lester v. Redmond, 6 Hill, N.Y., 590; Ex parte Gladhill, 8 Metc., Mass., 168.

Superior and inferior courts.  The former  being courts  of general original jurisdiction in the first instance, and which  exercise a control  or supervision over a system of lower courts, either by appeal, error,  or certiorari; the latter  being  courts of small  or restricted jurisdiction, and subject to the review or correction of higher courts. Sometimes the former term  is used  to denote a particular  group or system  of courts  of high powers, and all others  are called  "inferior courts."

To constitute  a court a superior court as to any class of actions, within the common-law meaning of that term, its jurisdiction of such actions must be unconditional,  so that the only thing  requisite to enable the court  to take cognizance of them  is the acquisition of jurisdiction of the persons  of the parties.  Simons  v. De Bare, 4 Bosw., N.Y., 547.

An inferior court is a court whose judgments  or decrees can be reviewed, on appeal or writ of error,  by a higher tribunal,  whether  that tribunal  be the circuit or supreme court. Nugent v. State, 18 Ala. 521.

Civil and  criminal courts. The  former being such as are established for the adjudication of controversies  between  subject and subject,  or the ascertainment, enforcement, and redress  of private rights; the latter, such  as are charged with  the administration of the criminal  laws, and the punishment  of wrongs  to the public.

Equity courts and  law courts. The  former being such as possess  the jurisdiction of a chancellor, apply the rules and principles of chancery law, and  follow the  procedure in equity; the  latter, such as have no equitable powers,  but administer justice  according to the rules and practice of the common law.

As to the division of courts according to their jurisdiction, see Jurisdiction.

As to several  names  or kinds of courts not specifically described in the titles immediately following, see  Arches Court, Appellate, Circuit Courts, Consistory Courts, County, Customary Court-Baron, Ecclesiastical Courts, Federal Courts, Forest  Courts, High Commission Court, Instance Court,  Justice Court,  Justiciary Court, Legislative  Courts, Maritime Court, Mayor's Court, Moot Court, Municipal Court, Orphans'  Court, Police  Court, Prerogative Court, Prize Court, Probate Court, Superior  Courts,  Supreme Court, and Surrogate's Court.

As to court-hand, court-house, court-lands, court rolls, courtyard, see those titles in their alphabetical order  infra.

General

Court above, court below. In appellate practice, the "court above" is the one to which a cause is removed for review, whether by appeal, writ of error, or certiorari; while the  "court below" is the one  from  which the case  is removed. Going v. Schnell, 6 Ohio Dec. 933.

Court in bank. A meeting of all the  judges of a court,  usually for the purpose of hearing arguments on demurrers, points reserved, motions  for new trial,  etc., as distinguished from  sessions of the same court presided over by a single judge or justice.

Court of competent jurisdiction. One  having power and authority of law at the time  of acting to do the particular act. Ex parte  Plaistridge, 68 Okl. 256, 173 P. 646, 647.

One having jurisdiction under the state Constitution  and laws to determine the  question in controversy. Texas Employers' Ins. Ass'n  v. Nunamaker, Tex.Civ.App., 267 W. 749, 751. A court for the administration of justice as established by the Constitution or statute. Bradley v. Town of Bloomfield, 85 N.J.Law, 506, 89 A. 1009.

Court of limited jurisdiction. When a court of general jurisdiction proceeds under a special statute, it is a "court of limited jurisdiction" for the purpose of that proceeding, and its jurisdiction must  affirmatively appear. Osage Oil & Refining Co. v. Interstate Pipe Co., 124 Okl. 7, 253 P. 66, 71.

De facto court.  One established, organized, and exercising its judicial functions under authority of a statute  apparently valid, though  such statute may be in fact unconstitutional and may be after wards so adjudged; or a court established and acting under the authority of a de facto government. 1 Bl. Judgm. § 173; In re Manning, 139 U.S. 504, 11 S.Ct. 624, 35 L.Ed. 264; Gildemeister Lindsay, 212 Mich, 299, 180 N.W. 633, 635.

Full  court. A session of a court, which is attended  by all the judges  or justices composing it.

Spiritual courts. In English law.  The  ecclesiastical courts, or courts Christian. See 3 Bl. Comm. 61.

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