court (6do encyclopedia)



Introduction:

Courts are legal institutions tasked with the administration of justice in almost every country around the world. They are usually established by national constitutions or legal systems, with the primary function of resolving disputes and enforcing the law. This article will focus on the characteristics of courts, their types, and functions, and their importance in maintaining the rule of law.

Characteristics of Courts:

Every court has some common characteristics that distinguish it from other institutions. Firstly, courts are independent judicial bodies, which means that they operate outside the control of any other branch of government or external influence. Secondly, courts are neutral and impartial, meaning that they do not take sides in any legal dispute before them. Thirdly, courts are bound by the law and relevant legal precedents, and their decisions are based on evidence presented during hearings.

Types of Courts:

There are different types of courts, and their names and functions vary according to the legal system in which they are established. In most legal systems, however, the primary categories of courts are:

  1. Supreme Court: This is the highest court in the land, and it has the final say on legal matters. Its judges are usually appointed by the head of state or elected by the legislature, and they make decisions that are binding on all other courts.

  2. Appellate Court: This court usually hears appeals from lower courts, and its judges may overrule or uphold the decisions of lower courts. It is often divided into smaller panels of judges, who hear and decide cases.

  3. District Court: This court usually hears cases involving minor offenses and civil disputes. It is the first point of call for people with legal complaints, and its decisions are often subject to appeal to higher courts.

  4. Constitutional Court: This is a specialized court that deals with matters relating to the constitutionality of laws and government actions. It is usually established to ensure that the fundamental rights of citizens are protected, and its decisions may be far-reaching.

Functions of Courts:

Courts serve many functions, but their most important one is to administer justice. They resolve disputes between individuals and organizations, ensure that laws are enforced and interpreted properly, and safeguard the rights of citizens. Some of the other functions of courts include:

  1. Establishing legal precedents: Courts are often called upon to interpret or clarify laws, and their decisions may become legal precedents that guide future cases.

  2. Punishing offenders: Courts are also responsible for sentencing offenders and administering punishment in accordance with the law.

  3. Protecting society: By enforcing the law, courts also help to protect society from individuals or groups who would break it.

Importance of Courts:

Courts are an essential part of any legal system, and their importance cannot be overstated. They help to maintain the rule of law, protect individual rights, and ensure that disputes are resolved fairly and impartially. Without courts, people would have no way to seek redress for legal grievances, and the legal system would be powerless to enforce laws and protect citizens.

Conclusion:

Courts are a vital institution in every legal system, and their role in administering justice cannot be overemphasized. They are independent, impartial, and bound by the law, and their decisions serve as legal precedents that guide future cases. Courts help to maintain the rule of law, protect individual rights, and ensure that disputes are resolved fairly and impartially, making them an indispensable part of any democratic society.


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Pakistan’s supreme court declares Imran Khan arrest illegal

Financial Times

23-05-11 18:19


Pakistan’s Supreme Court has ordered the release of former prime minister and opposition leader, Imran Khan. Khan was arrested by an anti-corruption agency on 13 June in relation to allegations of corruption during land purchases. His arrest triggered widespread and violent protests leading to at least five reported deaths and the arrest of several hundred protesters. The court ordered Khan to stay under protection in a police guest house before he appears in court today. Political instability is following an economic crisis in Pakistan that has been heightened by potential national debt defaults and upcoming elections.

https://www.ft.com/content/309557e7-cf80-43a8-a951-72863bd78435
2 fishermen caught cheating at Ohio tournament sentenced to 10-day jail terms, forfeit of $100k boat

The Toronto Star

23-05-11 18:00


Two fishermen have been given ten-day jail terms for stuffing fish with lead weights and fish fillets in an attempt to cheat during a Lake Erie fishing tournament in Ohio last year. As part of a plea deal, Jacob Runyan and Chase Cominsky agreed to guilty to cheating and unlawful ownership of wild animals, and were given three-year suspensions of their fishing licences, a year and half's probation and $2,500 fines. However, the fine will be waived if they each make a $1,250 donation to a fishing charity. The pair have also been forced to forfeit their boat which was worth $100,000.

https://www.thestar.com/news/world/us/2023/05/11/2-fishermen-caught-cheating-at-ohio-tournament-sentenced-to-10-day-jail-terms-forfeit-of-100k-boat.html
Russian woman who left note on grave of Putin’s parents convicted amid dissent crackdown

The Toronto Star

23-05-11 17:38


A court in St. Petersburg has handed a suspended sentence to a woman who left an offensive note on the graves of Russian President Vladimir Putin's parents. Irina Tsybaneva, 60, left a note on the guarded grave on the eve of Putin’s birthday in October 2021 that called Putin a "freak and a killer". She was found guilty of desecrating burial places which was motivated by political hatred. Her lawyer said she did not plead guilty because she did not physically desecrate the grave and did not seek publicity for her action. Although the note did not exist until the international tensions in Ukraine, the judge decided to treat the action as hostile to the state which has been cracking down on dissent.

https://www.thestar.com/news/world/2023/05/11/russian-woman-who-left-note-on-grave-of-putins-parents-convicted-amid-dissent-crackdown.html
Supreme Court rules against Puerto Rican journalists seeking records from financial oversight board

The Toronto Star

23-05-11 17:25


The US Supreme Court has ruled against the Centro de Periodismo Investigativo, an organisation of Puerto Rican journalists, which has been seeking documentation from the financial oversight board created to manage Puerto Rico's bankruptcy. The group had called for a range of documents, including data covering contact between the board's members and US and Puerto Rican officials, but was prevented from doing so by an earlier appeals court ruling in favour of the board’s legal immunity. Justice Elena Kagan said Congress has to clarify sovereign immunity in a clearer manner but as yet Congress had not deprived the board of its authority.

https://www.thestar.com/news/world/us/2023/05/11/supreme-court-rules-against-puerto-rican-journalists-seeking-records-from-financial-oversight-board.html
Convicted rapist arrested after weeks on the run

BBC

23-05-11 16:32


A Scottish rapist who skipped his own trial was found and arrested. David McCue, from Glasgow, had been convicted of sexual offences against a woman and a younger girl. McCue had failed to appear for sentencing last month. The charges convicted against him included raping the woman in her sleep. His charges spanned between his first offence in 2010 and his most recent in 2018.

https://www.bbc.com/news/uk-scotland-glasgow-west-65559685
High Court judges invested in tax avoidance schemes

Financial Times

23-05-16 04:33


Three UK High Court judges have been found to have invested in controversial tax avoidance schemes challenged by HM Revenue & Customs. Justices Joanna Smith, Simon Bryan and Martin Griffiths invested in the schemes, whilst two other High Court judges had also made similar investments in tax schemes that have since closed. The revelations raise questions about the judgment of the UK’s judiciary and the High Court appointment process as well as the absence of formal disclosure rules requiring UK judges to make formal disclosures about their financial affairs. The investment by the judges was uncovered by the Financial Times which searched Companies House for information about the more than 100 judges of the High Court. The UK does not require judges to make disclosures about their interests.

https://www.ft.com/content/6d3b5582-5653-4dcb-8fbb-5ff5b6d0e0fa
Wells Fargo reaches $1 billion settlement with shareholders over recovery from scandals

CNN

23-05-16 04:31


Wells Fargo has agreed to pay $1bn to investors who accused it of giving misleading information about its progress in recovering from scandals over its treatment of customers. The settlement, which is still awaiting approval from a judge, was put forward in a class action. It claims Wells Fargo had overstated how well it was meeting requirements from financial regulators and that its market value had decreased by $54bn over the two years until March 2020 as investors became aware of problems. Wells Fargo has paid or set aside several billion dollars since 2016 to resolve litigation and regulatory probes.

https://edition.cnn.com/2023/05/16/business/wells-fargo-settlement-shareholders/index.html
FirstFT: High Court judges invested in tax avoidance schemes

Financial Times

23-05-16 04:19


Three high court judges in the UK invested in controversial tax avoidance schemes, including one judge who has ruled on tax avoidance cases. The investments date back about a decade, but records show the judges retained their interests in the schemes after taking their positions. The issue has raised questions about the country's lax approach to disclosure of judicial interests. There are no formal rules requiring UK judges to make public disclosures about their finances.

https://www.ft.com/content/ecea0612-e64c-4ca6-93dc-b1af6cc6e231
Perth contracts manager forced to pay billionaire former boss’ legal bill

The Age

23-05-16 04:16


Steven Pigozzo, former contracts manager of Mineral Resources owned by billionaire Chris Ellison, has been ordered by the Federal Court to pay at least half of Ellison and Mineral Resources’ legal bills. Pigozzo, who has been accused of insider trading, misusing confidential information and pocketing commissions, previously filed a lawsuit against the firm and Ellison. The recent decision marks the latest development in a legal battle that has lasted over a year and has seen several of Pigozzo's claims struck out on the basis of ambiguity or legal privilege.

https://www.theage.com.au/national/western-australia/perth-contracts-manager-forced-to-pay-billionaire-former-boss-legal-bill-20230516-p5d8rg.html
3 judges who chipped away abortion rights to hear federal abortion pill appeal

The Independent

23-05-16 04:04


Three conservative judges with a staunch history against abortion will hear appeals on whether mifepristone, a widely used abortion drug, should remain available. Conservative Judge Jennifer Walker Elrod, who was nominated by former President George W. Bush in 2007, Judge James Ho, a former Texas solicitor general nominated by Donald Trump in 2017, and Judge Cory Wilson, a former Mississippi appeals court judge nominated by Donald Trump in 2020, all hold anti-abortion records. Their decision is expected to go to the US Supreme Court for appeal, regardless of the outcome.

https://www.independent.co.uk/news/world/americas/us-politics/ap-texas-food-and-drug-administration-new-orleans-donald-trump-b2339513.html
Twitter objects to Turkish court orders after pre-election warnings

Reuters

23-05-16 08:57


Twitter has objected to an order from Turkish courts demanding it bans access to selected accounts and tweets on the platform. The social media site maintained its service during the weekend’s Turkish presidential and parliamentary elections, despite warnings from Ankara. Twitter said it had taken action on four accounts and 409 tweets after receiving threats to limit its service. Although five court orders had been made against Twitter, four had already been objected to, three of which are under review.

https://www.reuters.com/world/middle-east/twitter-objects-turkish-court-orders-after-pre-election-warnings-2023-05-16/
‘Piles of cash’: Ukrainian Supreme Court named in corruption probe

The Sydney Morning Herald

23-05-16 08:18


The National Anti-Corruption Bureau of Ukraine (NABU) is investigating corruption in the country’s judicial system, including large sums of money paid to judges to rule in favour of particular individuals and corporations. Two courts have been searched and 22 judges questioned as part of the investigation. A photograph of dollar bills on a sofa were displayed on NABU’s Facebook page following investigations by NABU and the office of the Special Anti-corruption Prosecutor. The exposure of corruption marks a key moment in Ukraine's judicial cleansing, launched in 2014 after pro-Western protests caused the removal of President Viktor Yanukovych.

https://www.smh.com.au/world/europe/piles-of-cash-ukrainian-supreme-court-named-in-corruption-probe-20230516-p5d8u0.html
Ex-Audi chief Rupert Stadler admits role in diesel scandal

Deutsche Welle

23-05-16 08:04


Former Audi CEO Rupert Stadler has confessed his role in the diesel emissions scandal in court in Munich in exchange for a €1.1m ($1.21m) fine and a suspended sentence. If Stadler had not admitted his part in the scandal, he faced a prison sentence of one to two-and-a-half years. Stadler was arrested in 2018 and charged in 2019 along with three others from Volkswagen Group for knowingly selling vehicles with cheat devices used to manipulate emissions tests between 2014 and 2015. The VW emissions scandal, first uncovered in 2015 by the US Environmental Protection Agency, has resulted in billions of dollars in settlements and recalls.

https://www.dw.com/en/ex-audi-chief-rupert-stadler-admits-role-in-diesel-scandal/a-65635019
Ontario, Bell won’t say how much money they made from inmate phone calls

The Toronto Star

23-05-16 08:00


Bell Canada and the Ontario government reportedly profited from an inmate calling system which charged “exorbitant” rates for calls made over eight years. Bell operated the Offender Telephone Management System from 2013 to 2021, offering local calling prices at $1 for local calls, but $1 per minute plus a $2.50 connection fee for long-distance. These rates were reportedly four times higher than other provinces, according to a lower court judge. The new system now includes long-distance rates of a few cents per minute, and a proposed class action lawsuit seeks $150m in damages and restitution.

https://www.thestar.com/news/gta/2023/05/16/ontario-bell-wont-say-how-much-money-they-made-from-inmate-phone-calls.html
Court orders South Korean agency to compensate adoptee over his mishandled adoption to US

Associated Press

23-05-16 07:21


South Korea’s largest adoption agency, Holt Children’s Service, has been ordered to pay $74,700 in damages by a civil court for mishandling the adoption of a man who later struggled with legal charges and deportation after suffering an abusive childhood in the United States. Adam Crapser alleged manipulation of paperwork and screening failures; the four-year trial marks the first in which a South Korean adoptee has sued the government and a national adoption agency over fraudulent practices. Despite the ruling, Crapser’s claims against the government were dismissed. His lawyers have stated they will examine the full written decision before deciding whether to appeal. Crapser’s case follows wider criticism of the nation’s past “corruption” in adoption practices and recent calls for investigations into facilitation of marred adoptions and identity laundering to allow more adoptees to launch legal actions.

https://apnews.com/article/south-korea-adoption-adam-crapser-lawsuit-3065e00fc9e7889e3cb4862700d88aef
Council of Europe leaders gather to show united face against Russia

RFI

23-05-16 13:06


The Council of Europe (CoE) summit, being held in Reykjavik, Iceland, has considered holding Russia legally responsible for the death and destruction caused by its invasion of Ukraine in February 2022. The summit, only the fourth in the CoE’s 70-year history, has seen the suspension of Russia’s membership as a direct result of the invasion. Attendees have discussed possible measures against Russia, including the creation of a dedicated tribunal to try leaders and commanders in The Hague, and the establishment of a register to record the damage caused by Russia.

https://www.rfi.fr/en/international/20230516-council-of-europe-leaders-gather-to-show-united-face-against-russia
Rape trial of Senegalese opposition leader Sonko starts

Reuters

23-05-16 12:36


The rape trial of Senegalese opposition leader Ousmane Sonko began in Dakar, with supporters protesting that it is politically motivated. Sonko is charged with raping and threatening a woman who worked at a massage parlour in 2021, which he denies, claiming it is a scheme by the President Macky Sall to eliminate him from the next presidential election in 2024. The trial was adjourned to 23 May following a debate as to whether Sonko's lawyers needed more time to prepare given the complexity of the case. The charges against Sonko have led to protests, with his supporters believing Sall is trying to cling to power.

https://www.reuters.com/world/africa/rape-trial-senegalese-opposition-leader-sonko-starts-2023-05-16/
Sene­gal op­po­si­tion leader Ous­mane Sonko’s rape tri­al ad­journed

Al Jazeera

23-05-16 12:25


The trial of opposition leader Ousmane Sonko, accused of rape, has been adjourned for a week in the Senegalese capital, Dakar, after opening in his absence. Sonko, who denies the charge, also claims President Macky Sall is trying to stop him from running in the 2022 elections. Protests erupted ahead of the trial. The case has caused tensions and sporadic unrest in Senegal for more than two years with his supporters calling for his release. The growing tensions raise the stakes ahead of next year’s election which could see Sall vie for a controversial third term, which the opposition says is unconstitutional.

https://www.aljazeera.com/news/2023/5/16/senegal-opposition-leader-ousmane-sonko-rape-trial-adjourned
The C.E.O. of OpenAI Heads to Congress to Discuss Rules for A.I.

NY Times

23-05-16 12:14


The CEO of OpenAI will testify before a Senate judiciary subcommittee on the regulation of artificial intelligence (AI). Sam Altman will be asked about how his company and rivals are racing to create a new generation of AI technologies and how these should be regulated. This comes as US lawmakers are looking for ways to rein in the rapidly-growing sector, while allowing innovation to flourish. Lawmakers on both sides of the aisle have stressed the importance of curbing the technology, which can now generate realistic-looking text and images, along with computer code. Altman has been frank about the potential dangers of AI, having stated in March: "It’d be crazy not to be a little bit afraid, and I empathize with people who are a lot afraid." The hearing is being seen as an indicator of the future regulatory environment of the AI sector.

https://www.nytimes.com/2023/05/16/business/dealbook/altman-openai-senate.html?searchResultPosition=1