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Upper Tribunal

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In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases . A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court ), which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts (see court of appeal ). For courts of general jurisdiction in civil law system , see ordinary court .

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26-538: The Upper Tribunal is a superior court of record and general tribunal in the United Kingdom . It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007 , to rationalise the tribunal system, and to provide a common means of handling appeals against the decisions of lower tribunals. It is administered by His Majesty's Courts and Tribunals Service . The Upper Tribunal

52-868: A trial court, may hear appeals from administrative agencies such as the appeals board of the Department of Motor Vehicles or of the Department of Public Works. In Pennsylvania , the Superior Court is an appellate court , hearing appeals of criminal cases and private civil cases from the Pennsylvania courts of common pleas . In New Jersey , the Superior Court comprises the Law Division and Chancery Division (trial courts of general jurisdiction, hearing cases at law and in equity respectively, with cases assigned to different parts of each court by legislation and court rule), and an Appellate Division that hears appeals from

78-662: Is a superior court of record, giving it equivalent status to the High Court and meaning that it can both set precedents and can enforce its decisions (and those of the First-tier Tribunal ) without the need to ask the High Court or the Court of Session to intervene. It is also the first (and only) tribunal to have the power of judicial review . The tribunal currently consists of four chambers, structured around subject areas (although

104-494: Is not specially designated to be heard in some other courts. California , Connecticut , Washington , Maine , the District of Columbia , and Georgia are all examples of such jurisdictions. In other states, equivalent courts are also known as courts of common pleas ( Pennsylvania , Ohio , and others), circuit courts ( Illinois , Michigan , Oregon and others), district courts ( Louisiana , Texas , Hawaii and others) or, in

130-626: Is solely an appellate court , hearing appeals from the High Courts. The Constitutional Court is primarily an appellate court, hearing appeals on constitutional matters from the Supreme Court of Appeal or in some cases directly from the High Courts. The Constitutional Court also occasionally acts as a court of first instance in certain cases involving the constitutionality of laws and government actions. There are also specialist superior courts with exclusive jurisdiction over certain matters; these include

156-459: The Criminal Code . They also have jurisdiction of judicial review over administrative decisions by provincial or territorial government entities such as labour boards, human rights tribunals and licensing authorities. The superior courts of appeal hear appeals from the superior courts of original jurisdiction, as well as from the inferior courts and administrative tribunals. The jurisdiction of

182-585: The First-tier Tribunal in matters of immigration, asylum and nationality. It also hears judicial reviews relating to immigration decisions of the Home Secretary which do not carry a right of appeal. The judiciary of the Upper Tribunal comprises judges and other members. Senior legally qualified members of former tribunals (now abolished and transferred into the First-tier and Upper Tribunals) became judges of

208-552: The First-tier Tribunal , and applications for judicial review of First-tier Tribunal decisions in Criminal Injuries Compensation cases. The chamber may also deal with judicial review cases transferred to the Upper Tribunal from the High Court. The chamber also hears appeals about decisions of the Disclosure and Barring Service (DBS) to prevent someone from working with children or vulnerable adults, and decisions of

234-605: The High Courts , the Supreme Court of Appeal and the Constitutional Court . The High Courts are courts of first instance with general jurisdiction ; they can hear all cases except those where exclusive jurisdiction is granted by law to another court. Most cases are, however, tried in the magistrates' courts or other lower courts, and appeals from these courts are heard by the High Court. The Supreme Court of Appeal

260-991: The Labour Court , the Labour Appeal Court , the Electoral Court and the Land Claims Court . The Supreme Court of the United Kingdom, the Court of Appeal of England and Wales, the High Court of England and Wales, and the Crown Court of England and Wales are all superior courts of record. In a number of jurisdictions in the United States , the Superior Court is a state trial court of general jurisdiction with power to hear and decide any civil or criminal action which

286-567: The Maine District Court in certain types of cases, as well as appeals from most state and municipal agencies. Residential Property Tribunal Service The Residential Property Tribunal Service (or RPTS) was an administrative organisation which provided support for three statutory tribunals and five regional rent assessment panels in England, all of which make decisions on residential property matters. Its tribunals were replaced by

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312-718: The Pensions Regulator . The chamber may also hear applications for judicial review of some decisions made by HM Revenue and Customs , the Pensions Regulator , the Charity Commission , the Financial Services Authority and the Bank of England , decisions relation to banking regulations and to the assessment of compensation or consideration under the Banking (Special Provisions) Act 2008 , and certain cases relating to

338-625: The Superior Courts of California after 1998. The lower courts now exist only as mere administrative subdivisions of the superior courts. The superior courts are legally no longer superior to any other trial courts. Thus, the term "superior court" persists in California only as a matter of tradition. Similarly, the Superior Court of the District of Columbia is the sole local trial court, and what would be inferior courts are divisions of that court, but, as

364-523: The traffic commissioners concerning operators of heavy goods vehicles and public service vehicles , and premises used as operating centres. The Tax and Chancery Chamber hears appeals against decisions of the First-tier Tribunal in tax or charity cases, and appeals against decision notices issued by the Financial Conduct Authority (for example, regarding authorisation and permission, penalties for market abuse, or disciplinary matters) and

390-808: The Administrative Appeals Chamber has a broad remit). Different jurisdictions have been transferred into the tribunal in a programme which began in 2008 and is continuing. The Administrative Appeals Chamber hears appeals against decisions of the General Regulatory Chamber (except in Charity cases), the Health, Education and Social Care Chamber, the Social Entitlement Chamber, and the War Pensions and Armed Forces Compensation Chamber of

416-616: The Upper Tribunal can be made to the Court of Appeal (in England and Wales), or the Court of Appeal (in Northern Ireland) or the Court of Session (in Scotland). Superior court The term "superior court" has its origins in the English court system. The royal courts were the highest courts in the country, with what would now be termed supervisory jurisdiction over baronial and local courts. Decisions of those courts could be reviewed by

442-554: The Upper Tribunal when their jurisdiction was transferred, whilst some lay members (generally experts in the subject matter of the former tribunal) became other members. New judges and members are appointed by the Judicial Appointments Commission . In addition, the following may also sit as judges of the Upper Tribunal: The Senior President of Tribunals is currently Keith Lindblom , who is

468-438: The appropriate legislative authority. Their jurisdiction typically includes civil lawsuits involving contracts, torts, property, and family law. They also have jurisdiction over criminal prosecutions for indictable offences under the Criminal Code of Canada. They also hear civil appeals from decisions of the provincial and territorial "inferior" courts, as well as appeals from those courts in summary conviction matters under

494-562: The authority of their respective territorial acts passed by the federal Parliament . The judges of the Federal Courts are appointed by the federal government under the authority of the Federal Courts Act . In Hong Kong, the Court of Final Appeal, the Court of Appeal and the Court of First Instance (the latter two form the High Court of Hong Kong ), are all superior courts of record. The general superior courts of South Africa are

520-464: The case of New York , the Supreme Court . The term "superior court" raises the obvious question of superior to what . Formerly, many jurisdictions had inferior trial courts of limited jurisdiction such as municipal courts, traffic courts, and justice of the peace courts, so it was natural to call the next level of courts "superior." However, some states, like California, have unified their court systems. In California, all lower courts were absorbed into

546-466: The fourth to hold this role. Each chamber of the Upper Tribunal is headed by a chamber president. In most cases, decisions are made by a judge (or in the case of the Lands Chamber, a member) sitting alone, although in cases involving complex issues of law or expertise, a larger bench consisting of more than one judge, or a judge and one or more members, may hear the case. Appeals against decisions of

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572-618: The other two parts. The Criminal Part of the Law Division and the Family Party of the Chancery Division of the Superior Court also hear appeals from the New Jersey municipal courts, courts with limited jurisdiction to hear lower-order criminal cases and to grant temporary restraining orders in domestic-violence cases. In Maine , the Superior Court is both a trial court of general jurisdiction and an appellate court that considers appeals from

598-494: The proceeds of crime. The Lands Chamber decides disputes concerning land, including the purchase of land blighted by the proposals of a public authority, compensation for land compulsorily purchased and or the value of which has been affected by public works (such noise from an airport ), and compensation for coal mining subsidence, coast protection works , reservoirs , and land drainage works. The chamber also hears appeals from decisions of HM Revenue and Customs in which

624-753: The royal courts, as part of the Crown's role as the ultimate fountain of justice. The royal courts became known as the "superior courts", and lower courts whose decisions could be reviewed by the royal courts became known as "inferior courts". The decisions of the superior courts were not reviewable or appealable unless an appeal was created by statute. Superior Courts in Canada exist at the federal, provincial and territorial levels. The provincial and territorial superior courts of original jurisdiction are courts of general jurisdiction: all legal matters fall within their jurisdiction, unless assigned elsewhere by statute passed by

650-503: The superior courts of appeal are entirely statutory. The details of their jurisdiction will vary depending on the laws passed by the federal government and the particular province or territory. All judges of the superior courts are appointed by the federal government. Judges of provincial superior courts are appointed under the authority of the Constitution Act, 1867 , while judges of the territorial superior courts are appointed under

676-442: The value of land is disputed, from valuation tribunals concerning the value of land for non-domestic rates purposes, from leasehold valuation tribunals and residential property tribunals . Finally, the chamber also hears applications to discharge or modify restrictions on the use of land ( restrictive covenants ) and applications for notices relating to the right to light . This chamber hears appeals against decisions made by

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