Ordinary court or judicial court is a type of court with comprehensive subject-matter jurisdiction compared to ' specialized court ' with limited jurisdiction over specific field of matters, such as intellectual property court . Due to its comprehensive feature, ordinary courts usually deal with civil case and criminal case , and treated as core part of conventional judiciary . Especially for common law countries, the term superior court is used for courts with general jurisdiction (regardless of instance level in chain of appellate procedure), compared to courts with limited jurisdiction over minor, petty cases such as small claims court .
51-552: Sometimes, the term ordinary court is referred to courts with regular procedure or composition, compared to an extraordinary court with irregular procedure or composition. In France , ordinary courts ( French : ordre judiciaire ) are courts under TITLE VIII of Constitution of France separated from administrative courts and constitutional court . These ordinary courts mainly deals with civil and criminal cases, and are composed of judges called 'magistrates ( French : Magistrat )' educated from French National School for
102-471: A State of Defense (Verteidigungsfall) or against soldiers abroad or at sea. The existence of military courts, naval courts and air courts is provided for in the Constitution of Greece, which in article 96 paragraph 4 states that: "Special laws define: a. Those related to military courts, naval courts and air courts, to the jurisdiction of which private individuals cannot be subject". The first chapter of
153-468: A court martial during WWI, which he receives at the end of the story for disobeying orders and cowardice in the face of the enemy. Several courts-martial occur in the British naval TV series Warship , including notably that of Lieutenant Palfrey, a Royal Marines officer accused of killing a foreign officer during a military exercise, and that of Fleet Air Arm pilot Edward Glenn, brother of Alan Glenn, one
204-602: A court martial. Courts martial are provided for in the Constitution of Ireland , which states in Article 38.4.1 that: "Military tribunals may be established for the trial of offences against military law alleged to have been committed by persons while subject to military law and also to deal with a state of war or armed rebellion." There are three classes of courts martial in the Irish Defence Forces: Outside of
255-645: A court-martial, are explained in detail based on each country and/or service. In Canada, there is a two-tier military trial system. Summary trials are presided over by superior officers, while more significant matters are heard by courts martial, which are presided over by independent military judges serving under the independent Office of the Chief Military Judge. Appeals are heard by the Court Martial Appeal Court of Canada . Capital punishment in Canada
306-407: A major's rank. The Supreme Court of Finland has, in military cases, two general officers as members. Courts-martial proper are instituted only during a war, by decree of the government. Such courts-martial have jurisdiction over all crimes committed by military persons. In addition, they may handle criminal cases against civilians in areas where ordinary courts have ceased operation, if the matter
357-507: Is highest court of chain of ordinary court's hierarchy. Under ordinary jurisdiction, Federal Patent Court is established as lower court of Federal Court of Justice concerning intellectual property matters. It is notable that court rulings from each of Federal Courts cannot be appealed, yet can be reviewed as constitutional complaint ( German : Urteilsverfassungsbeschwerde ) in Federal Constitutional Court , which
408-445: Is a postpositive adjective ) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law , and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes . The Geneva Conventions require that POWs who are on trial for war crimes be subject to
459-514: Is explained as forbidding establishment of both extraordinary court and special courtas, which are substantially the same concept. As the Constitution bans judgments by irregularly-composed judges, courts in the City of Kempten with special jurisdiction on military justice in Germany are also constituted by ordinary judges, according to Section 11a of German Criminal Code . In contemporary South Korea ,
510-518: Is one of the Military Courts of the United Kingdom . The Armed Forces Act 2006 establishes the court martial as a permanent standing court. Previously courts-martial were convened on an ad hoc basis with several traditions, including usage of swords . The court martial may try any offence against service law . The court is made up of a judge advocate, and between three and seven (depending on
561-789: Is outside of chain of ordinary court's hierarchy, concerning specific issues on constitutionality of such ruling. In South Korea , ordinary courts ( Korean : 일반법원 ) are founded by Chapter V, Article 101 of Constitution of South Korea and 'Court Organization Act', separated from Military courts ( Korean : 군사법원 by Chapter V, Article 110) and Constitutional Court ( Korean : 헌법재판소 by Chapter VI, Article 111). These ordinary courts are usually referred to merely as 'Court' ( Korean : 법원 ), and have Supreme Court of Korea as their highest court . Inside chain of ordinary court's hierarchy, there are lower courts with specialized jurisdictions, such as family court , administrative court , patent court and bankruptcy court according to Article 3(1) of
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#1732855378466612-713: Is the Extraordinary Chambers in the Courts of Cambodia , which is basically a chamber in the national court of Cambodia that is specially designed to judge crimes of the Khmer Rouge such as the Cambodian genocide , but its judges are not of the ordinary Cambodian judiciary but are selected among international candidates nominated by Secretary-General of the United Nations , according to an agreement between United Nations and
663-546: Is urgent. Such courts-martial have a learned judge as a president and two military members: an officer and an NCO, warrant officer or a private soldier. The verdicts of a war-time court-martial can be appealed to a court of appeals. The Basic Law (Grundgesetz) (adopted after the Second World War in 1949) establishes in Art. 96 para. 2 that courts-martial can be established by federal law. Such courts-martial would take action in
714-812: The Armed Forces Act 2006 for members of the British Military. Regulations for the Canadian Forces are found in the Queen's Regulations and Orders as well as the National Defence Act . For members of the United States Armed Forces offenses are covered under the Uniform Code of Military Justice (UCMJ). These offences, as well as their corresponding punishments and instructions on how to conduct
765-554: The Israeli settlements , the West Bank remains under direct Israeli military rule , and under the jurisdiction of martial law in the form of military courts . The international community maintains that Israel does not have sovereignty in the West Bank, and considers Israel's control of the area to be the longest military occupation in modern history. The military court system for
816-597: The Netherlands , members of the military are tried by a special military section of the civilian court in Arnhem . This section consists of a military member and two civilian judges. The decision whether or not to prosecute is primarily made by the (civilian) attorney general . Service members of the New Zealand Defence Force are tried under a court martial for offences pertaining to the most serious offences against
867-422: The occupied territories , modeled partially on the British military court system set up in 1937, was established in 1967. Sociology professor Lisa Hajjar argues that Israeli military courts criminalize not only Palestinian violence, but also certain forms of expression deemed to threaten Israeli security. She states the incarceration rate of Palestinians is high compared to other states, and that Palestinians in
918-783: The Act. Unlike Germany, whether rulings from ordinary courts can be reviewed as constitutional complaint remains as controversy in South Korea. Extraordinary court An extraordinary court , or special court , is a type of court that is established outside of ordinary judiciary , composed of irregularly selected judges or applies irregular procedure for judgment. Since extraordinary court can be abused to infringe fundamental rights of individuals, contemporaly most of countries ban such courts by constitution or statutes. Usually, modern military courts judged by courts-martial are regarded as examples of extraordinary courts. An extraordinary court
969-539: The Armed Forces Discipline Act 1971. Offences such as mutiny, murder, sexual offences, serious assaults, drug offences, or offences where the maximum punishment exceeds a 7-year prison term will be heard by court martial. Below this 7-year threshold the accused is dealt with by their commanding officer in what is known as a summary trial. During court martial the appointed judge is either a New Zealand High Court or District Court judge and they preside over
1020-496: The Cambodian government. In modern Germany , the establishment of extraordinary courts ( German : Ausnahmegerichte ) is strictly prohibited by article 101(1) of the Constitution of Germany , in reflection of judicial murder by People's Court ( German : Volksgerichtshof ), which was a kind of German : Sondergericht that was established during Nazi Germany . The term German : Sondergericht itself means just
1071-688: The Constitution does not rerquire military judges in the Military Court of Korea to have competence as ordinary court judges by 110(3) of the Constitution. The Constitutional Court of Korea explains that constitutional difference of qualification among ordinary court judges (including Supreme Court Justices), military judges and Constitutional Court Justices as constitutional grounds for non-qualified senior military officers to participate in military court judgments as adjudicators ( Korean : 심판관 ), together with qualified military judges ( Korean : 군판사 ) in exceptional cases, according to article 22(3) of
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#17328553784661122-596: The General Court Martial (GCM), District Court Martial (DCM), Summary General Court Martial (SGCM) and Summary Court Martial (SCM). According to the Army Act, army courts can try personnel for all kinds of offenses, except for murder and rape of a civilian, which are primarily tried by a civilian court of law. The President of India can use the judicial power under Article 72 of the constitution to pardon, reprieve, respite or remission of punishment or sentence given by
1173-904: The Judiciary , while judges composing administrative court and constitutional court are usually not trained in French National School for the Judiciary . Chain of ordinary court's hierarchy inside French judiciary has Court of Cassation as their highest court . In Germany , ordinary courts are explained as courts with 'ordinary jurisdiction ( German : Ordentliche Gerichtsbarkeit )', compared to special jurisdictions such as administrative, labour, social security, and fiscal law. Though each of these five jurisdictions including ordinary jurisdiction has its own highest court (usually translated as ' Federal Courts ', German : Bundesgericht ), all of jurisdictions share same route of legal education and training for Judges. The Federal Court of Justice
1224-474: The Military Court Act. The United States Foreign Intelligence Surveillance Court has the authority to issue warrants authorizing surveillance of suspected foreign spies or terrorists . FISA warrant requests are rarely denied. If an application is denied by one judge of the court, the federal government is not allowed to make the same application to a different judge of the court but may appeal to
1275-542: The NZDF, or being sent to military or civilian prison. In Poland, military courts are military garrison courts and military district courts. They are criminal courts with jurisdiction over offences committed by soldiers in active military service, as well as certain offences committed by civilian military personnel and soldiers of the armed forces of foreign countries (Article 647 of the Code of Criminal Procedure ). Garrison courts rule in
1326-864: The People's Republic of China within the Chinese People's Liberation Army with jurisdiction over the nation's armed forces (including the People's Liberation Army and the People's Armed Police ), organized as a unit under the dual leadership of the Supreme People's Court and the Political and Legal Committee of the Central Military Commission . In Finland, the military has jurisdiction over two types of crimes: those that can be committed only by military personnel and those normal crimes by military persons where both
1377-458: The Rules for Courts-Martial, Military Rules of Evidence, and other guidance. There are three types: Special, Summary, and General. In Herman Melville 's novella Billy Budd (first published 1924), the title character is convicted at a drumhead court-martial of striking and killing his superior officer on board HMS Indomitable , is sentenced to death, and is hanged. The novella has been adapted for
1428-456: The U.S. military for violations of the Uniform Code of Military Justice (UCMJ), which is the U.S. military's criminal code. However, they can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory . Courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial , which contains
1479-664: The United States Foreign Intelligence Surveillance Court of Review. Such appeals are rare: the first appeal from the FISC to the Court of Review was made in 2002 ( In re Sealed Case No. 02-001 ), 24 years after the founding of the court. There are also military courts designed to judicially try members of enemy forces during wartime , operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill
1530-411: The West Bank are being treated as "foreign civilians". In Indonesia, any criminal offense conducted by military personnel will be held in trial by military court. There are four levels of military jurisdiction: The judges will receive temporary rank the same as the defendant if the rank of the defendant is higher than the judges. In Luxembourg, there are three levels of military jurisdiction: In
1581-669: The adjudicatory supervision of the Supreme Court (which, by the way, follows from Article 183(1) of the Constitution of the Republic of Poland ), and the Minister of Justice has superior organizational and administrative supervision. In 2005, ex-AFP Major General Carlos Garcia ( PMA Class of 1971, assigned comptroller of the AFP was court martialled for violating two articles of the Articles of War for
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1632-643: The alleged Php 303 million Peso Money Laundering/Plunder and direct Bribery against him. Under the Singapore Armed Forces Act, any commissioned officer is allowed to represent servicemen when they are tried for military offences in the military courts. The cases are heard at the Court-Martial Centre at Kranji Camp II. Some of the courts martial in Singapore include that of Capt. G. R. Wadsworth in 1946 due to use of insubordinate language and, in
1683-407: The concept of 'special court', but the use of that term is discouraged, as it can referred to legacy of Nazis, That causes contemporary courts in Germany with special jurisdiction (such as ' Federal Social Court ' on cases of social security matters) to be called a kind of ' specialized court ' ( German : Fachgerichte ), composed of ordinary judges. In that way, Article 101(1) of the Constitution
1734-437: The court consists of a civilian legally trained judge and two military members: an officer and a warrant officer, an NCO or a private soldier. The verdict and the sentence are decided by a majority of votes. However, the court cannot give a more severe sentence than the learned member supports. The appeals can be made as in civilian trials. If a court of appeals handles a military matter, it will have an officer member with at least
1785-461: The defendant and the victim are military persons or organizations and the crime has been defined in law as falling under military jurisdiction. The former category includes military offences such as various types of disobedience and absence without leave , while the latter category includes civilian crimes such as murder, assault, theft, fraud and forgery. However, war crimes and sexual crimes are not under military jurisdiction. In crimes where
1836-539: The establishment of special courts ( Korean : 특별법원 ), meaning extraordinary courts ( Korean : 예외법원 ) is exceptionally allowed only for a military court , according to Article 110(1) of the Constitution of South Korea . It is notable that Justices at the Constitutional Court must have qualification as judges, which includes Justices in the Supreme Court of Korea , in ordinary courts, but Article 111(2) of
1887-461: The first instance, appeals against their decisions and orders are heard by district courts, which also have first-instance jurisdiction in the most serious cases. The Criminal Chamber of the Supreme Court then acts as the second instance; in addition, cassation appeals against judgments rendered in the second instance are heard in the Criminal Chamber. The military courts are therefore subject to
1938-456: The loss of the ship be made part of the official record. Most military forces maintain a judicial system that tries defendants for breaches of military discipline. Some countries like France have no courts-martial in times of peace and use civilian courts instead. Court-martial is hyphenated in US usage, whether used as a noun or verb. However, in British usage, a hyphen is used to distinguish between
1989-416: The military has jurisdiction, the military conducts the investigation. In non-trivial cases, this is done by the investigative section of Defence Command or by civilian police, but trivial cases are investigated by the defendant's own unit. The civilian police has always the right to take the case from the military. If the case does not warrant a punishment greater than a fine or a disciplinary punishment,
2040-629: The modern day, misbehaviour by conscripted servicemen. The governing law in Thailand's military courts is the Military Court Organisation Act 1955 ( Thai : พระราชบัญญัติธรรมนูญศาลทหาร พ.ศ. ๒๔๙๘ ). The act allows the Judge Advocate General of Thailand ( Thai : เจ้ากรมพระธรรมนูญ ) to establish court regulations. In wartime or during the imposition of martial law , military courts may adopt special procedures. The court martial
2091-598: The noun, "court martial", and the verb, "to court-martial". Usually, a court-martial takes the form of a trial with a presiding judge, a prosecutor and a defense attorney (all trained lawyers as well as officers). The precise format varies from one country to another and may also depend on the severity of the accusation. Courts-martial have the authority to try a wide range of military offences, many of which closely resemble civilian crimes like fraud, theft or perjury. Others, like cowardice, desertion, and insubordination, are purely military crimes. Military offences are defined in
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2142-588: The play on which it was based ) deals almost entirely with the court martial of two enlisted Marines. In the 2008 to 2014 sci-fiction animated TV show " Star Wars: The Clone Wars 's 2011 fourth season's episode "Plan of Dissent" clone troopers Fives and Jesse, both serving in the Grand Army of the Republic, act against orders from their acting superior in a war situation and in revenge are threatened with court-martial and consequent execution. They found themselves court-martialed and about to be executed by firing squad in
2193-551: The principal characters, charged with a range of offences relating to a dangerous flight manœuvre. In the Star Trek: The Next Generation episode "The Battle" it was stated that, as the loss of a starship was a court martial offense, Picard was court-martialled for the loss of the Stargazer , zealously prosecuted by Phillipa Louvois. In the end, he was absolved of all charges. The 1992 movie A Few Good Men (and
2244-680: The procedural part of the Military Penal Code (MPC) regulates the matters related to the courts and judicial persons that make up the Military Justice. Specifically in article 167 of the MPC, it is defined that criminal justice in the Army is awarded by the military courts (military courts, air courts, naval courts, review court) and the Supreme Court . There are four kinds of courts-martial in India. These are
2295-429: The punishment is given summarily by the company, battalion or brigade commander, depending on severity of the crime. If the brigade commander feels that the crime warrants a punishment more severe than he can give, he refers the case to the local district attorney who commences prosecution. The crimes with military jurisdiction are handled by the civilian district court which has a special composition. In military cases,
2346-602: The role of jurors . Military tribunals are distinct from courts-martial . These were most recently created under the George W. Bush administration and authorized by the Military Commissions Acts under the Bush and Obama administrations to assert jurisdiction over terror suspects designated as unlawful enemy combatants . Military courts A court-martial (plural courts-martial or courts martial , as "martial"
2397-416: The same procedures as would be the holding military 's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law , and can involve civilian defendants. Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding
2448-478: The seriousness of the offence) officers and warrant officers. Rulings on matters of law are made by the judge advocate alone, whilst decisions on the facts are made by a majority of the members of the court, not including the judge advocate, and decisions on sentence by a majority of the court, this time including the judge advocate. Most commonly, courts-martial in the United States are convened to try members of
2499-545: The stage, film and television; notably in Benjamin Britten 's 1951 opera Billy Budd . In C.S. Forester 's 1938 novel Flying Colours , Captain Horatio Hornblower is court-martialled for the loss of HMS Sutherland . He is "most honourably acquitted". In Michael Morpurgo 's novel Private Peaceful , the main character of "Tommo" reflects on the childhoods of himself and his brother, Charlie as Charlie awaits
2550-450: The trial. Defendants are assigned legal counsel, and for the prosecution, a lawyer is assigned who generally comes from a military background. The judge advocate is usually made up of senior NZDF officers and warrant officers who hear the defence and prosecution evidence during court martial. Punishment on guilty findings of a defendant will see them face being charged with a punishment such as serious reprimand, loss of rank, dismissal from
2601-460: Was abolished generally in 1976, and for military offences in 1998. Harold Pringle was the last Canadian soldier executed pursuant to a court martial, in 1945, having been convicted of murder. The Military Court of the Chinese People's Liberation Army is the highest level military court (High Military Court, a special people's court executing the authority of the High People's Court) established by
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