The modern judicial system was first introduced to Korea in July 1894. However, Koreans had a well-defined legal system even before that time, although the functions of the judiciary were not separate from the executive branch before modernization, which meant the latter played the role of the former as well ("Supreme Court of Korea," 2012). The first period was the Three Kingdoms Period where all judicial operations were held to the tribal councils or the head of the clan. One of the kingdoms was Goguryeo which was the top of the judicial organization. In Baekje, one of the royal ministers held judicial authority. Next, was the Goryeo Dynasty, who had the first king to establish a central government that took care of legal issues and trials. …show more content…
According to Article 101 of the Constitution of Korea, courts are endowed with power to adjudicate all legal disputes, and the court operates in a three-tier system (Cho 6-7). At the bottom of the tier is the district court. There are currently 18 district courts in South Korea. These district courts are separated based on their geographic location within South Korea. Branch courts, family branch courts, family courts, administrative courts, and municipal courts are all taken care of under the district court. District courts present the original jurisdiction over civil and criminal cases. In general, a single judge presides over a case. However, a panel of three judges are in charge of cases when the sums in dispute exceed 100 million Korean won or if the money involved is incalculable in civil cases (Cho 7). In criminal cases if the sentence is death penalty, life imprisonment, or imprisonment of one year then a panel of three judges are in charge. As of August 2015, the district court has 39 Branch Court Chief Judges, 534 Presiding Judges, and 1,763 Judges. District courts also have jurisdiction over appeals against judgments made by a single judge of the district, branch or municipal court. This action is performed by three judges called appellate …show more content…
This part of the tier is called the appellate level. There are five high courts located in South Korea. They are all located in the major cities, such as Seoul, Busan, Daegu, Gwangju, and Daejon. High courts are not the only appellate courts in the Korean system. High courts hear appeals from judgements, rulings or orders rendered either by a panel of three judges of district courts or the family courts, or by the Administrative Court ("Supreme Court of Korea," 2012). They hear appeals from cases when the amount in dispute go over fifty million Korean won. Appellate jurisdiction in civil cases is divided among high courts and district courts. High court judges are appointed by legal profession who apply for the position with a large amount of legal experience, and the appointee would not be moved to district courts unless there are special
Since the dawn of time for a society to work it needs to have a level of structure that applies to everyone and is understood by everyone. Australian legal system is broad and complex. It is the nature of the encompassing laws and regulations which reflect how people, organisations and governments behave on the many different levels of operation and these are created to make sure that everyone understands their rights and obligations. There are two sources of Law in Australia: Statute Law regulated by Parliament and comprise of legislations and acts; and Judge-made Law or Common Law where decisions made by judges are based on previous cases.
In addition to this, the analysis of law was not considered thoroughly during judicial decisions. Therefore, the court uses backward reasoning where it uses the expected results it wants to deduce to make decisions. Such activities in the justice department have a lot of impediments to the impartiality of judicial system. The rights of the criminal in many instances are affected by the use of such methods to deliver justice. According to Marshall, the legal analysis used to determine the outcome of the courts has reduced since the changes in the judicial system. The rights of the individuals have significantly reduced with the changes in the court system because only the nine judges are privy to the outcome of the court proceedings; they are also not liable to the questions that may be raised about the legality of their
In America we have common law just like Canada. Article III of the constitution is what established the judicial system. The bottom is just the local courts and then state courts. There is also the federal court system where judges are nominated by the president then confirmed by the Senate. These courts include: the 94 district courts, Tax court, Court of Appeals, the Court of Appeals for the Federal Circuit, Court of Claims, and Court of Military Appeals. With most courts of the United States, juries are the ones who decide whether one is guilty or not. The constitution calls for the creation of the Supreme Court and leaves the responsibility of creating the inferior courts to Congress.
Whenever a law case is issued, Trial Courts are always the first court people would have to go through. The U.S. District Courts are the Federal Trial Courts. As the lowest level of the Federal Court System, The U.S. District Courts take care of most of the Federal cases. The State of California courts is called the Superior Courts. Similar to the U.S. District Courts, Superior Courts heard most of the State cases (Superior Court of California).
The court system of any country is a fundamental aspect of the society. In this respect, there are no public institutions in Canada which are subject to public scrutiny like the court system. People expectations of how they are treated by others are guided by laws made by various levels of institutions of justice. The Canadian judicial system, particularly, has undergone major developments and challenges as well. This paper explores three published articles that report on the problem of patronage appointments what lies behind the confidence in the justice system and the relevance of gender and gender equality in the legal profession.
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
Now, the district court system is the beginning step of the judicial system. A good amount of the case handled by the district court system is either criminal or civil trial cases. According to Roger Miller, “trial courts that have general jurisdiction as to the subject matter may be called county, district, superior, or circuit courts.” The majority of their cases are to be handled in-county first before proceeding further through the court system. Just as businesses and organizations have a chain-of-command or protocol system the government has the
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 a hearing. The federal and the state court system have the same basic structure. Each consists of a trial court, an appellate court, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits which cover most states except the District of Columbia. The federal system also has specialty courts such as the Court of Federal Claims and the United States Tax Court.
Within the Federal Government there are three main branches; “the Legislative, the Judicial, and Executive” (Phaedra Trethan, 2013). They have the same basic shape and the same basic roles were written in the Constitution in 1787.
The court system is composed of lawyers, judges, and juries. Their job is to ensure that everyone receives a fair trial, determine guilt or innocence, and apply sentences to guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed.
The Australian Legal System has a rich and detailed history dating from 1066. Law is made in Parliament. We have four sources of law and three courts with different jurisdictions that interpret the law when giving out justice. Important doctrines act as the corner-stones of our legal system. There is a procedure in the courts for making appeals. Separation of powers exists between officials in the courts, the parliament and the Executive. Everyone in Australia is treated equally under the Rule of Law, no matter their office or status. The Law is always changing as society changes, but it can never be perfect and cannot please everyone.
The legal system of the American model and the Japanese model is different in some case. In Japan there are no separate municipal, county, state or federal systems. All courts are part of a single framework under the control of the Supreme Court. There are no jury trials in Japan, and all decisions are rendered by judges. Japan's chief justice is appointed by the emperor after being designated by the cabinet; the remaining 14 Supreme Court justices are appointed by the cabinet. All cases before the Japanese Supreme Court are appeals. Unlike the U.S. Supreme Court, the highest court in Japan does not have original jurisdiction in any matter. The Supreme Court selects all judges for inferior courts from the graduates of its Legal Training and Research Institute. The Supreme Court also operates a training institute for court clerks and a school for family court probation officers. All judges, public prosecutors and lawyers are required to get certificate from Legal Training and Research Institute.@
Different countries have different legal systems that should impact a company’s decision to do international business. Some countries limit foreigner’s ability to conduct legal action against their citizens. Pick a country and analyze the type of legal system the country has (common law, civil law, or theocratic law).
Based on Judicature Acts of 1873 and 1875 , the High Court is divided into few specialist divisions which are the King’s Bench, Common Pleas, Exchequer and Admiralty Division.
The Judicial branch consists of a supreme court called the Hoge Raad that is made up of 41 judges that are divided into civil, criminal, tax and ombuds (judges who represent the public against judicial misconduct). All justices are appointed for life by the Monarch. The judicial system is also divided by the subordinate and appellate courts. The Supreme Court in the Netherlands does not rule on the constitutionality of a law but rules strictly on the laws within the constitution. There are no jury’s in the Netherlands all cases are heard by the judicial branch they also do not have a death penalty within the constitution.