What is a court of original jurisdiction?
Definition. A court’s power to hear and decide a case before any appellate review. A trial court must necessarily have original jurisdiction over the types of cases it hears.
How does a court proceeding go?
During the trial, lawyers present evidence through witnesses who testify about what they saw or know. After all the evidence is presented, the lawyers give their closing arguments. Finally, the jury decides if the defendant is guilty or not guilty. The jury must find the defendant guilty beyond a reasonable doubt.
Which is better judge or IAS?
Despite everything, no one can deny the fact that IAS officers are able to serve the society at large and are able to help a lot more people as compared to judicial officers. Judicial officers can help a limited number of people who appear in their court while an IAS can help anyone and everyone in the district.
What are the powers and functions of the High Court?
High Courts have the power of judicial review. They have the power to declare any law or ordinance unconstitutional if it is found to be against the Indian Constitution. A High Court alone can certify the cases fit for appeal before the Supreme Court.
Can we directly go to high court?
Another exception to the hierarchy of Courts where parties have to directly approach a higher court is under Article 131 of the Constitution of India. Thus, in all such disputes, the aggrieved party, whether the centre or any state, must directly approach the Supreme Court.
What are the steps of a court case?
- Initial Hearing/Arraignment.
- Plea Bargaining.
- Preliminary Hearing.
- Pre-Trial Motions.
What are the 3 types of jurisdiction?
There are three types of jurisdictions:
- Original Jurisdiction– the court that gets to hear the case first.
- Appellate Jurisdiction– the power for a higher court to review a lower courts decision.
- Exclusive Jurisdiction– only that court can hear a specific case.
What power does original jurisdiction gives the courts?
It gives courts the authority to hold trials and determine the facts of cases. It gives courts the authority to review the decisions of lower courts and decide whether the law was properly applied.
What is the composition of high court?
Composition: In every High Court, there is a Chief Justice and many other judges whose number is defined by the President of India. Appointment of the Judges: The Chief Justice of a High Court is appointed by the President with the consultation of the Chief Justice of the Supreme Court and the Governor of the State.
What is original jurisdiction example?
Jurisdiction of the Supreme Court “Original jurisdiction” means that the Supreme Court hears the case directly, without the case going through an intermediate stage. An example of such a case is the 1998 case of State of New Jersey v. State of New York.
What are the powers of High Court Class 11?
They have the power to issue writs to enforce fundamental rights within their state. At the administrative level, the High Courts also oversee the working of the subordinate courts and can transfer cases to itself or another court. Similar to the Supreme Court, the High Courts also have the power of judicial review.
Does high court have original jurisdiction?
The High Courts hear civil and criminal appeals from subordinate courts under their control. Every High Court has original jurisdiction in revenue matters (Article 225) as well as those relating to admiralty, matrimony, probate, contempt of court and election petitions.
What are the functions of the state high court?
High Courts, like the Supreme Court of India, are also Courts of Records. The records of all their judgements can be the basis for deciding cases by the subordinate courts. Each High Court has the power to punish all cases of its contempt by any person or institution.