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court : ウィキペディア英語版
court

A court is a tribunal, often as governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all persons have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.
The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large buildings in cities.
The practical authority given to the court is known as its jurisdiction (Latin ''jus dicere'') – the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone's ''Commentaries on the Laws of England,'' a court is constituted by a minimum of three parties: the ''actor'' or plaintiff, who complains of an injury done; the ''reus'' or defendant, who is called upon to make satisfaction for it, and the ''judex'' or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers to apply a legal remedy. It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants,〔(''Blackstone's Commentaries,'' Book III., Ch. 3., p. 25 ), (Yale Law School, Avalon Project )〕 though, often, courts consist of additional barristers, bailiffs, reporters, and perhaps a jury.
The term "the court" is also used to refer to the presiding officer or officials, usually one or more judges. The judge or panel of judges may also be collectively referred to as "the bench" (in contrast to attorneys and barristers, collectively referred to as "the bar"). In the United States, and other common law jurisdictions, the term "court" (in the case of U.S. federal courts) by law is used to describe the judge himself or herself.〔See generally : "The Supreme Court of the United States ''shall consist'' of a ''Chief Justice'' of the United States and ''eight associate justices'' (. . . )" (italics added); : "Each court of appeals ''shall consist'' of the ''circuit judges'' of the circuit in regular active service." (italics added); (in part): "Each district court ''shall consist'' of the ''district judge or judges'' for the district in regular active service." (italics added); (in part): "In each judicial district, the ''bankruptcy judges'' in regular active service ''shall constitute a unit of the district court'' to be known as the bankruptcy court for that district (. . . )" (italics added).〕
In the United States, the legal authority of a court to take action is based on personal jurisdiction, subject-matter jurisdiction, and venue over the parties to the litigation.
==Etymology==
The word ''court'' comes from the French ''cour'', an enclosed yard, which derives from the Latin form ''cortem'', the accusative case of ''cohors'', which again means an enclosed yard or the occupants of such a yard. The English word ''court'' is a cognate of the Latin word ''hortus'' (meaning "garden", hence horticulture and orchard), both referring to an enclosed space.
The meaning of a judicial assembly is first attested in the 12th century, and derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard. The verb "to court", meaning to win favor, derives from the same source since people traveled to the sovereign's court to win his favor.〔〔(Centre National De Ressources Textuelles et Lexicales )〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「court」の詳細全文を読む



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