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46-409: The ruling of the district court may be appealed to the next level of court, the court of appeal , and the court of appeal's ruling may in turn be appealed to the supreme court , but only in select cases of precedential relevance admitted by the supreme court. Thus the vast majority of court cases are decided on by the district court or the court of appeal. The term tingrett for the district courts

92-454: A Mongol occupation army garrisoning their country, had sent much intelligence information to Japan, so that along with messages from Japanese spies in the Korean peninsula, the shogunate had a good picture of the situation of the pending Mongol invasion. The shogunate had rejected Kublai's demands to submit with contempt. The Mongol landings of 1274 met with some success, however there was no rout of

138-592: A jurisdiction is sometimes referred to as a "court of last resort" or supreme court. Kamakura shogunate The Kamakura shogunate ( Japanese : 鎌倉幕府 , Hepburn : Kamakura bakufu ) was the feudal military government of Japan during the Kamakura period from 1185 to 1333. The Kamakura shogunate was established by Minamoto no Yoritomo after victory in the Genpei War and appointing himself as shōgun . Yoritomo governed Japan as military dictator from

184-515: A plot to overthrow them, but the plot was discovered almost immediately and foiled. The Mongols under Kublai Khan attempted sea-borne invasions in 1274 and 1281. Fifty years before, the shogunate had agreed to Korean demands that the Wokou be dealt with to stop their raids, and this bit of good diplomacy had created a cooperative relationship between the two states, such that the Koreans, helpless with

230-676: A right to criminal appeals. The U.S. Supreme Court has repeatedly ruled that there is no federal constitutional right to an appeal. We are not final because we are infallible, but we are infallible only because we are final. —Associate Supreme Court Justice Robert H. Jackson , discussing the Supreme Court of the United States ' role as a court of last resort. Although some courts permit appeals at preliminary stages of litigation , most litigants appeal final orders and judgments from lower courts. A fundamental premise of many legal systems

276-556: A system of federal appellate courts in 1789, but a federal right to appeal did not exist in the United States until 1889, when Congress passed the Judiciary Act to permit appeals in capital cases. Two years later, the right to appeals was extended to other criminal cases, and the United States courts of appeals were established to review decisions from district courts . Some states, such as Minnesota , still do not formally recognize

322-472: Is that appellate courts review questions of law de novo , but appellate courts do not conduct independent fact-finding. Instead, appellate courts will generally defer to the record established by the trial court , unless some error occurred during the fact-finding process. Many jurisdictions provide a statutory or constitutional right for litigants to appeal adverse decisions. However, most jurisdictions also recognize that this right may be waived . In

368-414: Is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until

414-419: Is without merit) or "judgment reversed" (the appeal has merit), while a British court disposes of an appeal with words like "appeal dismissed" (the appeal is without merit) or "appeal allowed" (the appeal has merit). Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of

460-505: The Hōjō clan . At the same time, Hōjō Masako maneuvered herself into such a powerful, albeit informal, position that people began calling her the "nun shogun" in the place of her son Yoriie. As Minamoto no Yoriie grew older, however, he attempted to exert real power, resulting in a power struggle with the Hōjō clan of his own mother. These conflicts caused considerable tensions within the shogunate. In 1201,

506-415: The legal issues presented for review. The appeal may end with a reversal, in which the lower court's decision is found to be incorrect (resulting in the original judgement being vacated, and the lower court instructed to retry the case) or an affirmation, in which the lower court's decision is found to be correct. When considering cases on appeal, appellate courts generally affirm, reverse, or vacate

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552-670: The shōgun from 1203. The Kamakura shogunate saw the Jōkyū War in 1221 and the Mongol invasions of Japan under Kublai Khan in 1274 and 1281. The Kamakura shogunate was overthrown in the Kenmu Restoration under Emperor Go-Daigo in 1333, re-establishing Imperial rule until Ashikaga Takauji and his offspring overthrew the imperial government and founded the Ashikaga shogunate in 1336 ( Nanboku-chō period ). There are various theories as to

598-465: The 19th century. American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" ( intransitive ) or "appeals" ( transitive ) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal

644-465: The Crown) was unheard of in early English courts. English common law courts eventually developed the writs of error and certiorari as routes to appellate relief, but both types of writs were severely limited in comparison to modern appeals in terms of availability, scope of review, and remedies afforded. For example, writs of error were originally not available as a matter of right and were issued only upon

690-480: The Hōjō family did not have the rank to nominate a shōgun from among its members, Masako had to find a convenient puppet. The problem was solved by choosing Kujo Yoritsune, a distant relation of the Minamoto, who would be the fourth shōgun and figurehead, while Hōjō Yoshitoki would take care of day-to-day business. However powerless, future shōguns would always be chosen from either Fujiwara or imperial lineage to keep

736-569: The Japanese defenders, who in any case greatly outnumbered the 40,000 combined invasion force of Mongols and Korean conscripts. Noting an impending storm, the Korean admirals advised the Mongols to re-embark so that the fleet could be protected away from shore; however, the typhoon was so destructive that one-third of the Mongol force was destroyed. After the surviving forces returned to Mongol territory, Kublai

782-515: The Jo clan unsuccessfully attempted to overthrow the Minamoto clan in the Kennin Rebellion . Eventually, Tokimasa deposed Yoriie, backed up his younger brother, Minamoto no Sanetomo , as a new shōgun, and assumed the post of shikken . Sanetomo was only twelve at this point, and accordingly power factually rested with his mother Hōjō Masako. The Minamoto remained the titular shōguns, with the Hōjō holding

828-437: The Mongols made no strategic headway. Again, a typhoon approached, and the Koreans and Chinese re-embarked the combined Mongol invasion forces in an attempt to deal with the storm in the open sea. At least one-third of the Mongol force was destroyed, and perhaps half of the conscripted Song forces to the south over a two-day period of August 15–16. Thousands of invading troops were not able to embark in time and were slaughtered by

874-498: The United States, for example, litigants may waive the right to appeal, as long as the waiver is "considered and intelligent". The appellate process usually begins when an appellate court grants a party's petition for review or petition for certiorari. Unlike trials, which many common law jurisdictions typically perform with a jury , appeals are generally presented to a judge, or a panel of judges. Before hearing oral argument , parties will generally submit legal briefs in which

920-434: The bench may consist of five judges (two professional and three lay judges). Verdicts and sentences are determined by a majority vote, with the lay judges' votes counting the same as the professional judge. If there is a full confession, and the defendant agrees to it, the trial may be held before a single professional judge who hears the case and determines sentencing. The district court is the second tier in most civil cases,

966-514: The bloodline pure and give legitimacy to the rule. This succession proceeded for more than a century. As a result, the Kamakura shogunate rested on an unusual pyramid of regents and de facto usurpation: The true rulers, namely the Hōjō regents, had usurped power from the Minamoto, who had usurped it from the Emperor, descending from Emperor Kōkō , who usurped it from the children of Emperor Seiwa . At

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1012-511: The civil aristocracy, politically relegating the Emperor and his court to symbolic figureheads . In 1192, Yoritomo and the Minamoto clan established a military government in Kamakura . Yoritomo unexpectedly died in an accident in 1199, leaving the Minamoto clan weakened. Hōjō Tokimasa , the father of Yoritomo's widow, Hōjō Masako , and former guardian and protector of Yoritomo, claimed the title of regent ( shikken ) to Yoritomo's son Minamoto no Yoriie , eventually making that claim hereditary to

1058-464: The civil government in Kyoto. Kamakura also appointed stewards, or jitō , to positions in the manors ( shōen ). These stewards received revenues from the manors in return for their military service. They served along with the holders of similar office, gesu , who delivered dues from the manor to the proprietor in Kyoto. Thus the dual governmental system reached to the manor level. In legal matters,

1104-498: The conciliation board and go straight to the district court. The district court also hears appeals from the conciliation board. Civil cases are normally held before a single professional judge, but either side can demand two lay judges be seated as well. In some cases the law demands that there be two lay judges with competence in the subject matter. In 2021, there are 23 district courts in Norway. Appeal In law , an appeal

1150-451: The decision of a lower court. Some courts maintain a dual function, where they consider both appeals and matters of "first instance". For example, the Supreme Court of the United States primarily hears cases on appeal but retains original jurisdiction over a limited range of cases. Some jurisdictions maintain a system of intermediate appellate courts, which are subject to the review of higher appellate courts. The highest appellate court in

1196-505: The eastern city of Kamakura with the emperor of Japan and his Imperial Court in the official capital city of Heian-kyō ( Kyoto ) as figureheads . The Kamakura shōguns were members of the Minamoto clan until 1226, the Fujiwara clan until 1252, and the last six were minor princes of the imperial family. The Hōjō clan were the de facto rulers of Japan as shikken ( regent ) of

1242-480: The exiled emperor's rescue, and in response the Hōjō sent forces again commanded by Takauji to attack Kyoto. Once there, however, Takauji decided to switch sides and support Go-Daigo. At the same time another warlord loyal to the emperor, Nitta Yoshisada , attacked Kamakura and took it. About 870 Hōjō clan, including the last three Regents, committed suicide at their family temple, Tōshō-ji , whose ruins were found in today's Ōmachi. In 1336, Ashikaga Takauji assumed

1288-420: The first tier being the conciliation board ( forliksråd ). Certain cases cannot be held at the conciliation board, including family law, patent and trademark issues, cases against the authorities, and cases where an independent complaints committee has issued an opinion. In addition, larger cases where both sides are representad by attorneys, and other cases where extrajudicial mediation have taken place, may bypass

1334-537: The highest state official within his jurisdiction, with an almost all-encompassing area of jurisdiction and an important role in the regional state administration. Since August 1995, all criminal cases which go to court are tried at the district court first. Prior to this, the most serious cases were tried in the Court of appeal ( lagmannsrett ). Regular trials are usually held before a panel of three judges, one professional and two lay judges . In particularly difficult cases

1380-520: The land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor . Additionally, appellate courts have existed in Japan since at least the Kamakura shogunate (1185–1333). During this time, the shogunate established hikitsuke , a high appellate court to aid

1426-466: The military and the financial expenditures weakened the regime considerably. Additionally, the defensive war left no gains to distribute to the warriors who had fought it, leading to discontent. Construction of defensive walls added further expenses to the strained regime. In 1331, Emperor Go-Daigo took arms against Kamakura, but was defeated by Kamakura's Ashikaga Takauji and exiled to Oki Island , in today's Shimane Prefecture . A warlord then went to

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1472-540: The parties present their arguments at length in writing. Appellate courts may also grant permission for an amicus curiae to submit a brief in support of a particular party or position. After submitting briefs, parties often have the opportunity to present an oral argument to a judge or panel of judges. During oral arguments, judges often ask questions to attorneys to challenge their arguments or to advance their own legal theories. After deliberating in chambers, appellate courts issue formal written opinions that resolve

1518-468: The position of shōgun himself, establishing the Ashikaga shogunate . The Kamakura shogunate functioned within the framework of the Heian system of Imperial rule. Yoritomo established a chancellery, or mandokoro , as his principal organ of government. Later, under the Hōjō, a separate institution, the hyōjōshū became the focus of government. The shogunate appointed new military governors ( shugo ) over

1564-438: The provinces/states. These were selected mostly from powerful families in the different provinces, or the title was bestowed upon a general and his family after a successful campaign. Although they managed their own affairs, in theory they were still obliged to the central government through their allegiance to the shōgun. The military governors paralleled the existing system of governors and vice-governors ( kokushi ) appointed by

1610-581: The ranks of the Imperial Court and the aristocratic clans that vied for influence there. Military affairs were handled under the auspices of the civil government. From 1180 to 1185, the Genpei War was fought between the Taira and Minamoto clans as part of a longstanding violent rivalry for influence over the Emperor and his court. Minamoto no Yoritomo defeated the Taira clan, but in his victory seized power from

1656-428: The real power. In 1204, loyalists of Yoriie attempted an uprising to topple the Hōjō domination, but the latter defeated the rebels and assassinated Yoriie. In 1205, Hōjō Tokimasa attempted to depose Sanetomo, hoping to install his son-in-law as new shogun. However, his daughter Hōjō Masako saw this as threat to her own status; she arranged the pretender's murder and banished her father to a monastery. In 1219, Sanetomo

1702-615: The recommendation of the attorney general (which was initially discretionary but by modern times was regularly granted). Certiorari was originally available only for summary offences ; in the early 19th century, certiorari became available for indictable offences , but only to obtain relief before judgment. Due to widespread dissatisfaction with writs (resulting in the introduction of at least 28 separate bills in Parliament), England switched over to appeals in civil cases in 1873, and in criminal cases in 1907. The United States first created

1748-475: The same time, the regents, shoguns, and emperors all still maintained their nominal positions and existed alongside each other. The regime nonetheless proved to be stable enough to last a total of 135 years, 9 shōguns and 16 regents. In 1221, Emperor Go-Toba tried to regain power in what would be called the Jōkyū War ( 承久の乱 , Jōkyū no Ran ) , but the attempt failed. The power of the Hōjō remained unchallenged until 1324, when Emperor Go-Daigo orchestrated

1794-399: The samurai. Such losses in men, material, and the exhaustion of the Korean state in provisioning the two invasions put an end to the Mongols' attempts to conquer Japan. The "divine wind", or kamikaze , was credited for saving Japan from foreign invasion. For two further decades the Kamakura shogunate maintained a watch in case the Mongols attempted another invasion. However, the strain on

1840-479: The state in adjudicating lawsuits. Although some scholars argue that "the right to appeal is itself a substantive liberty interest", the notion of a right to appeal is a relatively recent advent in common law jurisdictions. Commentators have observed that common law jurisdictions were particularly "slow to incorporate a right to appeal into either its civil or criminal jurisprudence". The idea of an appeal from court to court (as distinguished from court directly to

1886-500: The year in which the Kamakura period and Kamakura shogunate began. In the past, the most popular theory was that the year was 1192, when Minamoto no Yoritomo was appointed Seii Taishōgun ( 征夷大将軍 ) . Later, the prevailing theory was that the year was 1185, when Yoritomo established the Shugo ( 守護 ) , which controlled military and police power in various regions, and the Jitō ( 地頭 ) , which

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1932-400: Was assassinated by his nephew Kugyō . Since Sanetomo died childless, the line of shōguns from the Minamoto clan ended with him. From this point onwards, the Hōjō were in total control. With Sanetomo's death in 1219, his mother Hōjō Masako continued to serve as the shogunate's real center of power. As long as she lived, regents and shōguns would come and go, while she stayed at the helm. Since

1978-451: Was in charge of tax collection and land administration. Japanese history textbooks as of 2016 do not specify a year for the beginning of the Kamakura period, as there are various theories about the year the Kamakura shogunate was established. Historically in Japan , the power of civilian government was primarily held by the ruling emperor of Japan and their regents , typically appointed from

2024-411: Was introduced in 2002, replacing the previous terms city court ( byrett ) and district court ( herredsrett ). Historically the district courts outside the cities were known as sorenskriveri (office of a sorenskriver ), and consisted of a single (chief) district judge and often one or two assistant judges. The district usually included multiple parishes/municipalities, and the district judge was typically

2070-408: Was not dissuaded from his intentions of bringing Japan under Mongol control, and once again sent a message demanding submission, which infuriated the Hōjō leadership, who had the messengers executed. They responded with decisive action for defense—a wall was built to protect the hinterland of Hakata Bay, defensive posts were established, garrison lists were drawn up, regular manning of the home provinces

2116-454: Was redirected to the western defenses, and ships were constructed to harass the invaders' fleet when they appeared. The Mongols returned in 1281 with a force of some 50,000 Mongol-Korean-Chinese along with some 100,000 conscripts from the defeated Song empire in south China. This force embarked and fought the Japanese for some seven weeks at several locations in Kyushu, but the defenders held, and

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