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Supreme Court of Victoria

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In most legal jurisdictions , a supreme court , also known as a court of last resort , apex court , and high (or final ) court of appeal , and court of final appeal , is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts , hearing appeals from decisions of lower trial courts , or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction .

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97-575: The Supreme Court of Victoria is the highest court in the Australian state of Victoria . Founded in 1852, it is a superior court of common law and equity , with unlimited and inherent jurisdiction within the state. The Supreme Court comprises two divisions: the Trial Division, which oversees its original jurisdiction , and the Court of Appeal , which deals with its appellate jurisdiction , and

194-495: A divorce or annulment . The court also has exclusive jurisdiction over "Article 78 proceedings" against a body or officer seeking to overturn an official determination on the grounds that it was arbitrary, capricious and unreasonable or contrary to law. At English Common Law, the lord chancellor, not as a part of his equitable jurisdiction, but as the king's delegate to exercise the Crown's special jurisdiction, had responsibility for

291-511: A federal system of government may have both a federal supreme court (such as the Supreme Court of the United States ), and supreme courts for each member state (such as the Supreme Court of Nevada ), with the former having jurisdiction over the latter only to the extent that the federal constitution extends federal law over state law . However, other federations, such as Canada, may have

388-533: A constitutional nature from Azad Kashmir and Gilgit-Baltistan. Azad Kashmir has its own courts system and the constitution of Pakistan does not apply to it as such; appeals from Azad Kashmir relate to its relationship with Pakistan. The provinces have their own courts system, with the High Court as the apex court, except insofar as where an appeal can go to the Supreme Court as mentioned above. The Supreme Court of

485-626: A court of civil jurisdiction, with most criminal matters handled in County Court . New York is the only state in the United States where the Supreme Court is not the state's court of last resort (which would be the New York Court of Appeals ), but it is a trial court . Also, although it is a trial court, the Supreme Court sits as a "single great tribunal of general state-wide jurisdiction, rather than an aggregation of separate courts sitting in

582-511: A court of last resort, with the right of appeal to the Privy Council being abolished. The idea of a supreme court owes much to the framers of the Constitution of the United States . It was while debating the division of powers between the legislative and executive departments that delegates to the 1787 Constitutional Convention established the parameters for the national judiciary. Creating

679-606: A defined jurisdiction focusing on business and commercial litigation. The jurisdictional amount in controversy required to have a case heard in the Commercial Division varies among these Commercial Division courts, ranging from $ 50,000 in Albany and Onondaga Counties to $ 500,000 in New York County, but the Commercial Division rules (Section 202.70) are otherwise uniform. The first specialist commercial judges assigned to

776-622: A duty of judicial review, and which can strike down legislation as being in conflict with the Constitution. As with France, administrative cases are ruled by the Council of State . In Japan , the Supreme Court of Japan is called 最高裁判所 (Saikō-Saibansho; called 最高裁 Saikō-Sai for short), located in Chiyoda, Tokyo, and is the highest court in Japan. It has ultimate judicial authority within Japan to interpret

873-448: A further hearing on its own judgment. In a matter on which the Supreme Court has ruled – whether as a court of appeals or as the High Court of Justice – with a panel of three or more justices, it may rule at a further hearing with a panel of a larger number of justices. A further hearing may be held if the Supreme Court makes a ruling inconsistent with a previous ruling or if the Court deems that

970-526: A general outline of the judiciary, vesting of federal judicial power in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish". They delineated neither the exact powers and prerogatives of the Supreme Court nor the organization of the Judicial Branch as a whole. In jurisdictions using a common law system, the doctrine of stare decisis applies, whereby

1067-583: A new and different court was introduced to judge them in place of normal courts, the Justice Court of the Republic ( Cour de Justice de la République ). It has since been highly criticized and is scheduled for deletion in a constitutional amendment due for 2019. In Germany , there is no de jure single supreme court. Instead, cases are decided in the final instance by one of five federal high courts (see below), depending on their nature. Final interpretation of

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1164-576: A panel of three Judges of Appeal. In rare cases where it is sought to overrule or reconsider the correctness of a previous Court of Appeal decision, it can sit with five judges. The main buildings for the Supreme Court are located at the corner of William and Lonsdale Streets in Melbourne and in nearby buildings. The Supreme Court also does circuits to Ballarat , Geelong , Warrnambool , Hamilton , Horsham , Bendigo , Mildura , Shepparton , Wangaratta , Wodonga , Sale and Morwell . In these locations

1261-569: A party screening committee. Sometimes, the parties cross-endorse each other's candidates, while at other times they do not and incumbent judges must actively campaign for re-election. Judicial conventions have been criticized as opaque, brief and dominated by county party leaders. In practice, most of the power of selecting justices belongs to local political party organizations, such as the Kings County Democratic County Committee (Brooklyn Democratic Party), which control

1358-616: A separate "third branch" of government was a novel idea; in the English tradition, judicial power is just one aspect of the sovereign authority of the Crown . It was also proposed in the Constitutional Convention that the judiciary should have a role in checking the executive power to exercise a veto or to revise laws. In the end, the Framers of the Constitution compromised by sketching only

1455-520: A supreme court of general jurisdiction, able to decide any question of law. Jurisdictions with a civil law system often have a hierarchy of administrative courts separate from the ordinary courts , headed by a supreme administrative court (such as the Supreme Administrative Court of Finland , for example). A number of jurisdictions also maintain a separate constitutional court or other judicial or quasi-judicial body (first developed in

1552-505: Is also charged with the review of administrative acts on whether they violate constitutionally guaranteed rights. Other than that, administrative acts are reviewed by the Administrative Court ( Verwaltungsgerichtshof ). The Supreme Court ( Oberste Gerichtshof (OGH) ), stands at the top of Austria's system of " ordinary courts " ( ordentliche Gerichte ) as the final instance in issues of private law and criminal law . In Brazil ,

1649-583: Is banned from testing legislation against the constitution, pursuant to the principle of the sovereignty of the States-General; the court can, however, test legislation against treaties such as the European Convention on Human Rights . Next to the Hoge Raad, in administrative law there are also other highest courts of appeal. Which highest court has jurisdiction in this field of law depends on the subject of

1746-470: Is binding upon every court, other than the Supreme Court itself. The Israeli supreme court is both an appellate court and the high court of justice. As an appellate court, the Supreme Court considers cases on appeal (both criminal and civil) on judgments and other decisions of the District Courts. It also considers appeals on judicial and quasi-judicial decisions of various kinds, such as matters relating to

1843-425: Is by way of the " question préjudicielle " (prejudicial question). The Court of last resort for civil and criminal proceedings is the " Cour de cassation ". For administrative proceedings the highest court is the " Cour administrative " (Administrative Court). The supreme court of Macau is the Court of Final Appeal ( Portuguese : Tribunal de Última Instância ; Chinese : 澳門終審法院 ), though like Hong Kong,

1940-500: Is convened only when one high court intends to diverge from another high court's legal opinion. As the courts have well-defined areas of responsibility, situations like these are rather rare and the Joint Senate gathers very infrequently. The Supreme Court of Iceland ( Icelandic : Hæstiréttur Íslands , lit . Highest Court of Iceland ) was founded under Act No. 22/1919 and held its first session on 16 February 1920. The Court holds

2037-539: Is divided among three judicial bodies: When there is jurisdictional dispute between judicial and administrative courts: the Court of Arbitration ( Tribunal des conflits ), which is empanelled half from the Court of Cassation and half from the Council of State and presided over by the Minister of Justice , is called together to settle the dispute or hand down a final decision. The High Court ( Haute Cour ) exists only to impeach

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2134-547: Is divided into thirteen judicial districts: seven upstate districts each comprising between five and eleven counties, five districts corresponding to the boroughs of New York City, and one district on Long Island. In each judicial district outside New York City, an Administrator (or Administrative Judge if a judge) is responsible for supervising all courts and agencies, while inside New York City an Administrator (or Administrative Judge) supervises each major court. Administrators are assisted by Supervising Judges who are responsible in

2231-481: Is frequently referred to as a court in its own right. Although the Supreme Court is theoretically vested with unlimited jurisdiction, it generally only hears, at trial, criminal cases in instances of murder , manslaughter or treason , and civil cases where the statement of claim is in excess of the Magistrates' Court limit of $ 100,000. The court hears appeals from the County Court , as well as limited appeals from

2328-401: Is not required to grant certification even if judges are capable. In 2020, for example, OCA denied certification to 46 of the 49 judges who applied for it, citing budget cuts and a hiring freeze. These additional six years of service are available only for elected Supreme Court Justices, not for "Acting" Justices whose election or appointments were to lower courts. A referendum to increase

2425-542: Is the court of last resort of electoral law , and also oversees general elections . The Superior Military Court ( Tribunal Superior Militar ) is the highest court in matters of federal military law . In Croatia , the supreme jurisdiction is given to the Supreme Court , which secures a uniform application of laws. The Constitutional Court exists to verify constitutionality of laws and regulations, as well as decide on individual complaints on decisions on governmental bodies. It also decides on jurisdictional disputes between

2522-534: Is the highest court in Nigeria. The Supreme Court mainly regulates in disputes between states and/or the federal government. Another power of the Supreme court rests in its authority to oversee any decisions over presidential elections and term lengths. The Supreme Court has been the apex court for Pakistan since the declaration of the republic in 1956 (previously the Privy Council had that function). The Supreme Court has

2619-645: The Bundesarbeitsgericht (Federal Labour Court) for employment and labour, the Bundesfinanzhof (Federal Fiscal Court) for taxation and financial issues, and the Bundesverwaltungsgericht (Federal Administrative Court) for administrative law. The so-called Gemeinsamer Senat der Obersten Gerichtshöfe (Joint Senate of the Supreme Courts) is not a supreme court itself, but an ad-hoc body that

2716-637: The Appellate Court . In addition, an agreement between Nauru and Australia in 1976 provides for appeals from the Supreme Court of Nauru to the High Court of Australia in both criminal and civil cases, with the notable exception of constitutional cases. In New Zealand , the right of appeal to the Privy Council was abolished following the passing of the Supreme Court Act (2003). A right of appeal to

2813-739: The Basic Law , its constitution, the territory remains a common law jurisdiction. Consequently, judges from other common law jurisdictions (including England and Wales ) can be recruited and continue to serve in the judiciary according to Article 92 of the Basic Law. On the other hand, the power of interpretation of the Basic Law itself is vested in the Standing Committee of the National People's Congress (NPCSC) in Beijing (without retroactive effect), and

2910-451: The County Court , District Court , city courts, or justice courts (town and village courts) outside New York City. The Supreme Court also hears civil cases involving claims for equitable relief, such as injunctions, specific performance, or rescission of a contract, as well as actions for a declaratory judgment . The Supreme Court also has exclusive jurisdiction of matrimonial actions, such as either contested or uncontested actions for

3007-620: The Court of Cassation of Armenia is the highest court in Armenia , except in the sphere of constitutional justice, in which the Constitutional Court of Armenia maintains authority. In Austria , the Austrian Constitution of 1920 (based on a draft by Hans Kelsen ) introduced judicial review of legislative acts for their constitutionality . This function is performed by the Constitutional Court ( Verfassungsgerichtshof ), which

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3104-650: The Czechoslovak Constitution of 1920 ), such as Austria, France, Germany, Italy, Luxembourg, Portugal, Russia, Spain and South Africa. Within the former British Empire , the highest court within a colony was often called the "Supreme Court", even though appeals could be made from that court to the United Kingdom 's Privy Council (based in London). A number of Commonwealth jurisdictions retain this system, but many others have reconstituted their own highest court as

3201-633: The House of Lords was the ultimate court in addition to being a legislative body , and the Lord Chancellor , with legislative and executive functions, was also a senior judge in the House of Lords. The Supreme Court of the United States , established in 1789, is the highest federal court in the United States . It has final appellate powers over the federal court system , and can perform judicial review in matters involving US federal law (which applies to all

3298-577: The Magistrates' Court (whose civil jurisdictional limit is $ 100,000) or County Court (whose jurisdiction has since the beginning of 2007 been unlimited as to amount). The Trial Division also acts as an appeal court from the Magistrates' Court on questions of law, and appeals from the Victorian Civil and Administrative Tribunal on points of law, except against an order of the President or Vice-President of

3395-674: The Magistrates' Court . Decisions of the Supreme Court are appealable to the High Court of Australia . The building itself is on the Victorian Heritage Register . The Supreme Court has two divisions - the Trial Division and the Court of Appeal. The Trial Division sits with one judge, and usually acts as a court of original jurisdiction for serious criminal matters such as murder, attempted murder, corporate offences and certain conspiracy charges, and civil matters which are considered to involve greater complexity or amounts of money more than would be appropriate to have determined in

3492-589: The New York Supreme Court, Appellate Division is a lower court, not a supreme court. The titles for judicial officeholders can cause confusion, even within the same jurisdiction. In Texas , the posts of Justice, Judge, and Justices of the Peace are members of successively lower levels of courts. The Roman law and the Corpus Juris Civilis are generally held to be the historical model for civil law. From

3589-473: The President and Vice-President of the Republic . The Superior Court of Justice ( Superior Tribunal de Justiça ) reviews State and Federal Circuit courts decisions for civil law and criminal law cases, when dealing with federal law or conflicting rulings. The Superior Labour Court ( Tribunal Superior do Trabalho ) reviews cases involving labour law . The Superior Electoral Court ( Tribunal Superior Eleitoral )

3686-626: The President of the French Republic in case of "breach of his duties patently incompatible with his continuing in office". Since a constitutional amendment of 2007, the French Constitution states that the High Court is composed of all members of both Houses of Parliament. As of 2023, it has never been convened. While the President is not , members of the French government are subject to the same laws as other French citizens. However, since 1993,

3783-768: The Scotland Act 1998 , Government of Wales Act and Northern Ireland Act were also transferred to the new Supreme Court by the Constitutional Reform Act, from the Judicial Committee of the Privy Council . The Supreme Court shares its members and accommodation at the Middlesex Guildhall in London with the Judicial Committee of the Privy Council which hears final appeals from certain smaller Commonwealth realm countries, admiralty cases, and certain appeals from

3880-439: The Supreme Court of Hong Kong (now known as the High Court of Hong Kong ) was the final court of appeal during its colonial times which ended with transfer of sovereignty in 1997. The final adjudication power, as in any other British Colonies, rested with the Judicial Committee of the Privy Council (JCPC) in London, United Kingdom. Now the power of final adjudication is vested in the Court of Final Appeal created in 1997. Under

3977-527: The Supreme Federal Court ( Supremo Tribunal Federal ) is the highest court. It is both the constitutional court and the court of last resort in Brazilian law. It only reviews cases that may be unconstitutional or final habeas corpus pleads for criminal cases. It also judges, in original jurisdiction , cases involving members of congress , senators , ministers of state, members of the high courts and

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4074-461: The ecclesiastical courts and statutory private jurisdictions, such as professional and academic bodies. (The Constitutional Reform Act also renamed the Supreme Court of Judicature of Northern Ireland to the Court of Judicature , and the rarely cited Supreme Court of Judicature for England and Wales as the Senior Courts of England and Wales ). The Supreme Court was set up in 2009; until then

4171-563: The 1st and 2nd Departments, and District Court . (City Courts in other departments appeal to the County Courts instead.) The 1st Department has a single Appellate Term covering Manhattan and The Bronx . The 2nd Department has two Appellate Terms. The Appellate Term for the 2nd, 11th and 13th Judicial Districts covers Brooklyn , Queens , and Staten Island , and generally sits at 141 Livingston Street in Brooklyn. The Appellate Term for

4268-831: The 9th and 10th Judicial Districts covers Nassau , Suffolk , Westchester , Rockland , Orange , Dutchess , and Putnam Counties; it generally rotates between the Westchester County Courthouse in White Plains , the Nassau County Supreme Court Building in Mineola , and the Cohalan Court Complex in Central Islip . They occasionally sit at other locations within their jurisdiction. Appellate terms consist of between three and five justices of

4365-482: The Appellate Division department panels are binding on the lower courts in that department, and also on lower courts in other departments unless there is contrary authority from the Appellate Division of that department. The Appellate Division of the Supreme Court in each judicial department is authorized to establish "appellate terms". An appellate term is an intermediate appellate court that hears appeals from

4462-525: The Appellate Division or the Appellate Term). As a result, New York City has too few judges to handle New York City's caseload, which is more than 100,000 cases annually; the population-based formula in the state Constitution does not account for the millions of non-resident workers and visitors in the city, nor the 315,000 business associations that operate in the city. Elected New York Supreme Court justices can be moved or temporarily reassigned anywhere in

4559-734: The Commercial Division Advisory Council since 2013 (through at least May 2024). Appeals from Supreme Court decisions, as well as from the Surrogate's Court, Family Court, and Court of Claims, are heard by the New York Supreme Court, Appellate Division . This court is intermediate between the New York Supreme Court and the New York Court of Appeals. There is one Appellate Division, which for administrative purposes comprises four judicial departments. Decisions of

4656-477: The Constitution and decide questions of national law (including local bylaws). It has the power of judicial review (i.e., it can declare Acts of Diet and Local Assembly, and administrative actions, unconstitutional). In Luxembourg , challenges on the conformity of the law to the Constitution are brought before the Cour constitutionnelle (Constitutional Court). The most used and common procedure to present these challenges

4753-580: The Constitution, the Judiciary Act , and the High Court of Australia Act 1979. It is composed of seven Justices: the Chief Justice of Australia , currently Stephen Gageler AC , and six other Justices. They are appointed by the Governor-General of Australia on the advice of the federal government, and under the constitution must retire at age 70. The Supreme Court of Bangladesh is created by

4850-420: The Court uses the facilities of the local Magistrates' Court. (appointment date in brackets): Supreme court Civil law states tend not to have a single highest court. Some federations, such as the United States, also do not have a single highest court. The highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia . On the other hand, in some places

4947-420: The German Constitution, the Grundgesetz , is the task of the Bundesverfassungsgericht (Federal Constitutional Court), which is the de facto highest German court, as it can declare both federal and state legislation ineffective. In addition, it has the power to overrule decisions of all other courts, despite not being a court of appeals in the German court system. It is also the only court possessing

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5044-452: The Nassau County Commercial Division since 2009 (as of May 2024), and Justice Thomas A. Stander served in the Monroe County Commercial Division from its inception for ten years. One constant throughout the Commercial Division history has been the involvement of New York attorney Robert L. Haig, who, among other things, co-chaired the 1995 Commercial Courts Task Force, facilitated the 2006 Commercial Division Focus Group study, and has chaired

5141-449: The New York County Supreme Court. Two years later, Chief Judge Judith S. Kaye established a trial level Commercial Division, beginning in New York County (Manhattan) and Monroe County (the 7th Judicial District ). The Commercial Division has expanded to the 8th District (located in Buffalo), and the Albany, Bronx, Kings, Nassau, Onondaga, Queens, Suffolk and Westchester County Supreme Courts. These are specialized business courts , with

5238-429: The New York Supreme Court in New York City. A similar practice is done in the 9th Judicial District (which covers the New York suburban counties of Orange , Dutchess , Westchester , Rockland and Putnam ), in which County and Family Court judges have been designated as acting Supreme Court justices, serving part-time on that court. However, this practice also strains the resources of the courts that "lend" justices to

5335-402: The New York trial courts are published selectively in the Miscellaneous Reports . A judge of the New York Supreme Court is titled a justice . The number of justices of the Supreme Court in each New York Supreme Court judicial district (including justices assigned to the Appellate Division) is set forth by the New York State Constitution. Once a decade, the state Legislature may increase

5432-424: The Privy Council remains for criminal cases which were decided before the Supreme Court was created, but it is likely that the successful appeal by Mark Lundy to the Privy Council in 2013 will be the last appeal to the Board from New Zealand. The new Supreme Court of New Zealand was officially established at the beginning of 2004, although it did not come into operation until July. The High Court of New Zealand

5529-457: The Suffolk County Commercial Division from 2002-2023, Justice Carolyn E. Demarest served in the Brooklyn, Kings County Commercial Division from its inception in 2002 through 2016, Justice Deborah Karalunas presided in the Onondaga County (Syracuse) Commercial Division from its inception in 2007 for over 15 years, Justice Eileen Bransten served in the Manhattan Commercial Division from 2008 to 2018, Justice Timothy S. Driscoll has served in

5626-401: The Supreme Court, New York County is divided into 2 Trial Assignment parts, 10 conference and trial parts, 1 youth part, 1 narcotics/felony waiver part, 1 integrated domestic violence part, and 16 trial parts which include 1 Judicial Diversion part, 1 Mental Health part, 1 Veteran's Court part, and 1 JHO part. In New York City, all major civil cases are heard in civil terms. The court system

5723-433: The Supreme Court, appointed by the Chief Administrative Judge with the approval of presiding justice of the appropriate appellate division. The court sits in three-judge panels, with two justices constituting a quorum and being necessary for a decision. Decisions by the Appellate Term must be followed by courts whose appeals lie to it. In New York City, all felony cases are heard in criminal terms. The Criminal Term of

5820-399: The Supreme Court. Supreme Court justices are elected to 14-year terms. Justices are nominated by judicial district nominating conventions, with judicial delegates themselves elected from assembly districts. Some (political party) county committees play a significant role in their judicial district conventions, for example restricting nomination to those candidates that receive approval from

5917-453: The Tribunal. It also hears federal indictable offences such as treason. The Commercial Court is a sub-division of the Trial Division, composed of specialist judges to deal with commercial disputes. The Court of Appeal hears appeals from the County Court and the Trial Division, as well as appeals on points of law from the Victorian Civil and Administrative Tribunal against the order of the President or Vice-President, and usually consists of

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6014-438: The United Kingdom is the ultimate court for criminal and civil matters in England, Wales and Northern Ireland and for civil matters in Scotland. (The supreme court for criminal matters in Scotland is the High Court of Justiciary .) The Supreme Court was established by the Constitutional Reform Act 2005 with effect from 1 October 2009, replacing and assuming the judicial functions of the House of Lords . Devolution issues under

6111-414: The case. The most important of these courts is the Department of Justice of the Council of State (Afdeling Bestuursrechtspraak van de Raad van State). In Portugal , there are several supreme courts, each with a specific jurisdiction: Until 2003, a fifth supreme court also existed for the military jurisdiction, this being the Supreme Military Court ( Supremo Tribunal Militar ). Presently, in time of peace,

6208-555: The constitution but its further appellate jurisdiction from lower courts is defined by law. The Irish Supreme Court consists of its presiding member, the Chief Justice, and seven other judges. Judges of the Supreme Court are appointed by the President in accordance with the binding advice of the Government. The Supreme Court sits in the Four Courts in Dublin . In Nauru , there is no single highest court for all types of cases. The Supreme Court has final jurisdiction on constitutional matters, but any other case may be appealed further to

6305-543: The court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court , the supreme courts of several Canadian provinces/territories , and the former Supreme Court of Judicature of England and Wales and Supreme Court of Judicature of Northern Ireland , which are all subordinate to higher courts of appeal. Some countries have multiple "supreme courts" whose respective jurisdictions have different geographical extents, or which are restricted to particular areas of law. Some countries with

6402-404: The courts are authorised to interpret the Basic Law when trying cases, in accordance with Article 158 of the Basic Law. This arrangement became controversial in light of the right of abode issue in 1999, raising concerns for judicial independence. The Supreme Court of India was created on January 28, 1950 after adoption of the Constitution . Article 141 of the Constitution of India states that

6499-422: The custody and protection of infants and the mentally incapacitated. Upon the organization of the Supreme Court in New York the Legislature transferred so much of the law as formed a part of the king's prerogative to it. The Appellate Divisions of the Supreme Court are responsible for oversight of the related programs. With respect to criminal cases, the Criminal Branch of Supreme Court tries felony cases in

6596-419: The decisions of the supreme court usually provide a very strong precedent, or jurisprudence constante , for both itself and all lower courts. The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia . It has both original and appellate jurisdiction , the power of judicial review over laws passed by the Parliament of Australia and

6693-445: The delegates. The process was challenged in litigation which ultimately resulted in a U.S. Supreme Court decision in N.Y. State Board of Elections v. Lopez Torres (2008), in which the justices unanimously upheld the constitutionality of New York's judicial election system. Under state law, New York Supreme Court justices have a mandatory retirement age : a justice's term ends, even if his or her 14-year term has not yet expired, at

6790-448: The end of the calendar year in which the justice reaches the age of 70. However, an elected Supreme Court Justice may apply for a "certification" from the Office of Court Administration (OCA) to continue in office, without having to be re-elected, for three two-year periods, until final retirement at the end of the year in which the Justice turns 76. A judge applying for certification to continue to serve must pass cognitive tests , but OCA

6887-402: The exception of certain monetary claims against the State of New York itself. In practice, the Supreme Court hears civil actions involving claims above a certain monetary amount (for example, $ 50,000 in New York City) that puts the claim beyond the jurisdiction of lower courts. Civil actions about lesser sums are heard by courts of limited jurisdiction, such as the New York City Civil Court , or

6984-442: The final say on matters of constitutional law, federal law or on matters of mixed federal and provincial competence. It can hear appeals on matters of provincial competence only if a matter of a constitutional nature is raised. With respect to Pakistan's autonomous territories (i.e. Azad Kashmir and Gilgit-Baltistan) the Supreme Court's jurisdiction is rather limited and varies from territory to territory; it can hear appeals only of

7081-613: The five counties of New York City, whereas they are primarily heard by the County Court elsewhere. Misdemeanor cases, and arraignments in almost all cases, are handled by lower courts: the New York City Criminal Court ; the District Court in Nassau County and the five western towns of Suffolk County ; city courts; and justice courts. In 1993, Administrative Judge Stanley S. Ostrau established pilot Commercial Parts in

7178-527: The highest authority in interpreting that state's law and administering that state's judiciary. The courts of Oklahoma and Texas have separate criminal and civil courts of last resort, while Delaware has separate courts for appellate and equity functions. The official names of state supreme courts vary, as do the titles of its members, which can cause confusion between jurisdictions. Alternative names for supreme courts includes Court of Appeals , Supreme Court of Appeals and Supreme Judicial Court . However

7275-561: The highest judicial power in Iceland. The court system was transformed from a two level system to a three level system in 2018 with the establishment of Landsréttur. Israel 's Supreme Court is at the head of the court system in the State of Israel . It is the highest judicial instance. The Supreme Court sits in Jerusalem . The area of its jurisdiction is the entire State. A ruling of the Supreme Court

7372-401: The importance, difficulty or novelty of a ruling of the Court justifies such hearing. The Supreme Court also holds the unique power of being able to order " trial de novo " (a retrial). Italy has different supreme courts. The Italian court of last resort for most disputes is the Supreme Court of Cassation . There is also a separate constitutional court, the Constitutional Court , which has

7469-480: The inferior courts within their designated counties or judicial districts, and are intended to ease the workload on the Appellate Division and provide a less expensive forum closer to the people. Appellate terms are located in the 1st and 2nd Judicial Departments only, representing Downstate New York . These hear appeals from the New York City Civil Court , New York City Criminal Court , City Courts in

7566-465: The late 18th century onwards, civil law jurisdictions began to codify their laws, most of all in civil codes . The Supreme Court functions as a last resort tribunal. Its rulings cannot be appealed. It also decides on cases dealing with the interpretation of the constitution (for example, it can overturn a law passed by Congress if it deems it unconstitutional). According to the Armenian constitution

7663-458: The law declared by Supreme Court is to be binding on all Courts within the territory of India while article 142 vests the court with the inherent power to pass any decree or order to ensure 'complete justice'. It is the highest court in India and has ultimate judicial authority to interpret the Constitution and decide questions of national law (including local bylaws). The Supreme Court is also vested with

7760-531: The law, and direct challenges to the constitutionality of laws enacted by the Knesset. The court has broad discretionary authority to rule on matters in which it considers it necessary to grant relief in the interests of justice, and which are not within the jurisdiction of another court or tribunal. The High Court of Justice grants relief through orders such as injunction, mandamus and Habeas Corpus, as well as through declaratory judgments. The Supreme Court can also sit at

7857-516: The legality of Knesset elections and disciplinary rulings of the Bar Association. As the High Court of Justice (Hebrew: Beit Mishpat Gavoha Le'Zedek בית משפט גבוה לצדק; also known by its initials as Bagatz בג"ץ), the Supreme Court rules as a court of first instance, primarily in matters regarding the legality of decisions of State authorities: Government decisions, those of local authorities and other bodies and persons performing public functions under

7954-524: The legislative, executive and judicial branches. In Denmark , all ordinary courts have original jurisdiction to hear all types of cases, including cases of a constitutional or administrative nature. As a result, there exists no special constitutional court, and therefore final jurisdiction is vested with the Danish Supreme Court ( Højesteret ) which was established 14 February 1661 by king Frederik III . In France , supreme appellate jurisdiction

8051-476: The number of justices in any judicial district, but Article VI of the state Constitution sets a population-based cap on the number of justices in each district, based on census data. As a result of the population-based cap, some areas have overloaded courts. New York City has a cap of 171 justices (and only some of the New York Supreme Court justices in New York City serve in trial parts, with others assigned to

8148-520: The on-site management of the trial courts, including court caseloads, personnel, and budget administration, and each manage a particular type of court within a county or judicial district. The Administrator is also assisted by the District Executive and support staff. The district administrative offices are responsible for personnel, purchasing, budgets, revenue, computer automation, court interpreters, court security, and case management. Opinions of

8245-542: The parliaments of the states, and the ability to interpret the Constitution of Australia and thereby shape the development of federalism in Australia . The High Court is mandated by section 71 of the Constitution, which vests in it the judicial power of the Commonwealth of Australia. The Court was constituted by, and its first members were appointed under, the Judiciary Act 1903 . It now operates under sections 71 to 75 of

8342-493: The pilot Commercial Parts in 1993 were Justices Ira Gammerman , Myriam Altman, Herman Cahn, and Beatrice Shainswit. Among other long serving Commercial Division Justices, these judges served at least a decade: Justice Cahn continued on as a Commercial Division judge in Manhattan from 1995 until 2008, Justice Charles Ramos served as a Commercial Division judge in Manhattan from 1996-2018, Justice Elizabeth Hazlitt Emerson served in

8439-628: The power and authority to outlaw political parties, should their manifests or activism prove unconstitutional. When it comes to civil and criminal cases, the Bundesgerichtshof (Federal Court of Justice) is at the top of the hierarchy of courts. The other branches of the German judicial system each have their own appellate systems, each topped by a high court; these are the Bundessozialgericht (Federal Social Court) for matters of social security,

8536-452: The power of judicial review to ensure the application of the rule of law. The Supreme Court is the highest court in the Republic of Ireland . It has authority to interpret the constitution, and strike down laws and activities of the state that it finds to be unconstitutional. It is also the highest authority in the interpretation of the law. Constitutionally it must have authority to interpret

8633-649: The power to interpret the Basic Law is vested in the Standing Committee of the National People's Congress (NPCSC) in Beijing, without retroactive effect. The Supreme Court of Justice of the Nation ( Spanish : Suprema Corte de Justicia de la Nación ) is the highest court in Mexico. In the Netherlands , the Supreme Court of the Netherlands is the highest court. Its decisions, known as "arresten", are absolutely final. The court

8730-402: The principles applied by the supreme court in its decisions are binding upon all lower courts; this is intended to apply a uniform interpretation and implementation of the law. In civil law jurisdictions the doctrine of stare decisis is not generally considered to apply, so the decisions of the supreme court are not necessarily binding beyond the immediate case before it; however, in practice

8827-486: The provisions of the Constitution of Bangladesh, 1972. There are two Divisions of the Supreme Court, i.e. (a) Appellate Division and (b) High Court Division. Appellate Division is the highest Court of Appeal and usually does not exercise the powers of a court of the first instance. Whereas, the High Court Division is a Court of the first instance in writ/judicial review, company, and admiralty matters. In Hong Kong ,

8924-506: The retirement age to 80 for Supreme Court and Court of Appeals judges was defeated by New York voters in 2013. The New York Supreme Court is the oldest Supreme Court with general original jurisdiction. It was established as the Supreme Court of Judicature by the Province of New York on May 6, 1691. That court was continued by the State of New York after independence was declared in 1776. It became

9021-660: The several counties or judicial districts of the state." The Supreme Court is established in each of New York's 62 counties . A separate branch of the Supreme Court called the Appellate Division serves as the highest intermediate appellate court in New York. Under the New York State Constitution, the New York State Supreme Court has unlimited jurisdiction in both civil and criminal cases, with

9118-423: The state, although typically such moves or reassignments are within the judge's judicial district. To address the imbalance, the New York court system designates other courts' judges (such as those sitting on the lower-level New York City Civil Court , New York City Criminal Court , and New York City Family Court , as well as the statewide New York Court of Claims ) as "acting" Supreme Court justices to serve on

9215-506: The states). There are currently nine members of the US Supreme Court, however, there is no number specified in the Constitution. New members are nominated to life terms by the President of the United States and must be confirmed by the Senate . There are no specific requirements set out in the Constitution for Supreme Court nominees. Each U.S. state also has its own state supreme court ,

9312-429: The supreme court for military justice matters is the Supreme Court of Justice, which now includes four military judges. New York Supreme Court Specialized The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the judiciary of New York . It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as

9409-449: Was until 1980 known as the Supreme Court. The Supreme Court has a purely appellate jurisdiction and hears appeals from the Court of Appeal of New Zealand . In some cases, an appeal may be removed directly to the Supreme Court from the High Court. For certain cases, particularly cases which commenced in the District Court, a lower court (typically the High Court or the Court of Appeal) may be the court of final jurisdiction. The Supreme Court

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