Establishment of courts
- Courts are usually established through legislation or constitutional provisions.
- The establishment of courts is a fundamental part of a country’s legal and judicial system.
Structure of courts
- Courts are often organized into a hierarchical structure with multiple tiers. The specific structure may include:
- Trial courts or lower courts: The first level of courts where legal disputes are initially filed and heard. They conduct trials and make initial judgments.
- Appellate courts or intermediate courts: Courts that review decisions made by trial courts. They do not conduct trials but review legal procedures and issues.
- Supreme Court or highest court: The highest level of the judicial system, which focuses on interpreting the constitution and addressing significant legal questions.
Composition of courts
- The composition of courts can vary, but it typically includes judges, who are responsible for presiding over cases and making legal decisions.
- Judges may be appointed or elected, and their qualifications and terms of office can differ depending on the country’s legal system.
- In some countries, juries composed of citizens may participate in criminal and civil trials.
Jurisdiction of courts
Jurisdiction refers to the authority of a court to hear and decide cases. Courts have both subject matter jurisdiction (the types of cases they can hear) and territorial jurisdiction (the geographic area they cover).
The judiciary operates through court which exercises certain power (jurisdiction) as given by the law courts exercise any of the following jurisdictions.
- Original jurisdiction
It is the power of a court to hear a case in the first instance. The court in which the case is filled is said to exercise original jurisdiction.
- Appellate jurisdiction
It is the power of a court to hear appeals. The appeal may arise from the decisions of a court with original jurisdiction or it may be a second appeal from another court.
- Territorial ( Area) jurisdictionThe power of a court to hear cases arising within a particular area thus if a court only listens to cases within a particular area it is said to have a limited area jurisdiction but if it hears cases arising anywhere in the republic is said to have unlimited area jurisdiction.
- Civil & criminal jurisdiction
The courts under the Constitution operate at two levels, namely; Superior and Subordinate courts.
- Superior Courts:
- Supreme Court,
- Court of Appeal,
- High Court,
- An Employment and Labor Relations Court and;
- A court to hear matters concerning the Environment, and the use of, occupation of and title to land.