24th February, 2016
With 196 countries in the world, and the many varying ideals of law and who should rule, it is no surprise that there are many types of legal systems. From systems based on secularism (separation of church and state) to religiously based courts such as those in India or Saudi Arabia, these legal systems form a real melting pot of ideals. In this paper, we will look at and analyze the court system of Saudi Arabia and how it affects the overall Saudi Arabian government. Saudi Arabian law is based in the Islamic faith, making it a religious based legal system. It is based on the Qur’an, the Islamic holy book written by the prophet Muhammad, and the Sunna, which contains the …show more content…
These instead would fall towards the Board of Grievances. (Fenwick Elliot) .
The Shari 'ah Courts System is set into a 3-tier hierarchy, with the Supreme Judicial Council on the top, the Court of Appeals or the “Appellate” court in the middle, and the First Instance Courts at the bottom which are subdivided based on their jurisdiction into the categories of a summary and a general court. (Ansary) A new court system giving the First Instance Courts authority over commercial disputes and labor courts is being implemented currently but is not fully functional. (Hamidani)
The Supreme Judicial Council is headed by 11 judges. These are constituted by five full time judges, five part time judges and a chairman. These appointments are usually made by the Saudi King who is the supreme power in the governmental structure. The Supreme Judicial Council plays a supervisory role over the Saudi Arabian legal system and is responsible for governing the assignment, promotions, and expulsions of judges from the lower tiers in the hierarchy. (Ansary)
The second tier in the hierarchy, the Court of Appeals is primarily headed to review appeals of decisions that are made by the First Instance Courts. The Court is headed by a chief judge and then between 2 to 4 other judges from the “legal community” based on the severity of the appeal being done. These judges were “Qadis” which are those judges versed in Islamic law. A normal civil dispute would
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In the U.S. judicial system, a defendant found guilty in a trial court can normally appeal to a higher federal court. These federal courts, or appellate courts, review decisions made by trial courts (Neubauer, 2010). Appellate courts can be on the federal and state level, but do not hold trials or hear new evidence. These courts consist of a judge, or a lawyer, or a group of either one, who read the transcript of the trial and whether the previous decision correctly or incorrectly followed the law (Neubauer, 2010). Similar to trial courts, the federal government and most states have made two different types of appellate courts: intermediate, which hear all cases, and supreme courts, which can pick and choose the cases heard (Neubauer, 2010). Even though there are many different types of courts within the judicial system of the United States, the role of the judge stays constant throughout the majority of branches.
The three tiers of the American federal court system consists of the Supreme Court, District courts which are also referred to trial courts, Circuit Courts of Appeals, and the Supreme Court.
The judiciary system is defined by Article III in the Constitution and Section 2 describes the powers and limitations that court system has. The purpose of the judiciary is to handle interpretations of the laws created by the constitution and any disputes that arises between parties, cases may be brought to the court, the court cannot create cases. There are 3 levels in the court system, which is true for the state judiciary as well as the Federal level. The two lower levels attempt resolve issues while lessoning the burden on the supreme courts. The lowest level of court is the district court aka trial courts,
The federal court system consists of three levels. The leading and nethermost is the United States district courts. Secondly, the middle level is the court of appeals. The Supreme Court is reflected as the uppermost law court in the United States. The United States district courts comprise of the ordinary federal provisional courts, even though in many circumstances the legislature has approved acts that dissuade unusual authority to these particular courts or executive law juries. The Courts of Appeals are the state middle appellate law court. They function under an organization of obligatory appraisal which implies they are obligated to hear all the appeals of right from the subordinate courts. Courts of appeals can make an own presiding of their own on the case, or decide to agree the verdict of the lower court. In the last circumstance, several offenders choose to appeal to the Supreme Court. This Court is the utmost court in the United States judicial system, this is seen the court that is in charge of the final remedy. It commonly is an appellate law court that functions in unrestricted appraisal. This implies that the Court, via surrendering of summonses of certiori, has the power to choose which cases to hear and the one to dismiss. There exist no rights of appeal to the Supreme Court (Haerens, 2010).
The U.S has a dual court system including state and federal courts. The federal court system is limited and cases brought to the federal court usually involve a federal question based on the U.S constitution, treaty, or law. The federal court also takes cases that involve diversity of citizenship. A judicial requirement is that there must be sufficient stake to justify bringing a sue.The federal court system consists of a three-tiered model. It includes U.S district courts, U.S court of appeals, and the U.S supreme court. The U.S district court is where trials take place and where testimony is taken. The court of appeals reviews the record of a trial to determine whether there was an error that took place. The U.S supreme court is the highest
There are two types of judges, superior judges and inferior judges in the UK. The superior judges are entitled to work in the higher courts such as, the court of Appeal, and the House of Lords. Whereas, inferior judges work in the lower courts in the hierarchy such as crown courts and supreme courts. Superior judges are called district judges and inferior judges are called circuit judges. District judges are full-time judges who deal with the majority of cases in the county courts. These judges are appointed by the queen and mainly deal with claims and other matters within the court. However, Circuit
The criminal courts structure in California begins with the trial level courts, also known as the superior courts. These are subdivided into an exclusive small claims court, domestic relations court, a criminal court, a juvenile court, and a traffic violations court. The defendant can appeal to the courts of appeal which consist of 6 districts and 19 divisions. If the case deals with the death penalty it directly appeals to the Supreme Court. The supreme court has original jurisdiction over Courts of Appeal and habeas corpus
There are three different tiers within the federal court system. There are only one Supreme Court. It is the highest court in the United States. The lower courts below the Supreme Court can actually have cases roll over to the Supreme Court. Then you have U.S. Courts of Appeals. There are thirteen Appellate courts. The appellate courts deal with making sure the law was applied correctly in trial court. Appellate court doesn’t have a jury all they have is three judges. Then there is District Courts, which there are ninety-four around the country. They try to resolve disputes between people and try to figure out which one if right and wrong. Trail courts have
The Supreme Court of Canada of created by the Supreme Court Act and consists of nine judges. Because of Quebecs use of Civil Law, by law, three judges must be appoint that are from there. There are four main levels to the court system. It starts with provincial/territorial courts. They are the courts that handle the most of the cases, including criminal, family (excluding divorce), those dealing with minors, traffic, and private ones involving money. On the next level are the Provincial/Territorial Superior courts, Federal Courts and Tax Courts. The Superior Courts are found in each province and have inherent jurisdiction, which means they can hear cases from anywhere unless they are from an area specifically designated to another court. Most of these courts have special divisions for different types of cases. Even
The United States court system is the institution were all the legal disputes in the american society are carryed out and resolved. However, one single court is not enough to resolve every single dispute in society and that is why the court system is made up of two different courts, the federal courts and the state courts. Moreover, the federal and state courts are made up of several divisions made to handle legal disputes differently depending on its seriousness. For example, the state court is made up of trial courts of limited jurisdiction and probate courts were cases and disputes originate and then move up to trial courts of general jurisdiction, intermediate apellate courts, and courts of last resort respectively depending on the case.In contrast, the federal court consists of district courts, territorial coutrs, tax court, court of international trade, claims court, court of veterans appeals, an courts of military review which then move on to courts of appeals respectively and may ultimately end up in the United States supreme court. In addition, cases from state court may also appeal into the federal court system but not the other way around.
The term "Court Hierarchy" is a very important word in the law world in modern society. It's definition gives a very clear and concise meaning to the law industry. The phrase can be split into two words to be easily dealt and understood. The word "court" is from a Greek derivative "cohors" or "cohort" meaning courtyard or retinue. It's definition from the dictionary certainly portrays the law as a very important and distinguished practice. "a. A person or body of persons whose task is to hear and submit a decision on cases at law." "b. The building, hall, or room in which such cases are heard and determined." The word, "hierarchy", however, has a more powerful and specific relation to the law world. It is a Greek derived word and
Supreme Court is the final court of appeal in the judicial system and also it is the top most system in the court’s line in ascending order from the smaller category of the courts to the higher category, in which the Supreme Court, in many jurisdictions is the highest hierarchy.
The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant