High Court of Error and Appeal: Difference between revisions
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}}The '''Court of Appeal''' (廷讞寺, ''m-lêng-ngjanh-lje′'') is an {{wp|appellate court}} originally part of the traditional judicial apparatus | }}The '''Court of Appeal''' (廷讞寺, ''m-lêng-ngjanh-lje′'') is an {{wp|appellate court}} in Themiclesia. Appeals from this court went to the court of {{wp|dernier resort}}, the [[House of Lords (Themiclesia)|House of Lords]]. Today, Themiclesia has a four-tier judicial system for both civil and criminal cases, where the Court of Appeal is the third tier. | ||
==Name== | |||
The Themiclesian name of the Court of Appeal is ''m-lêng-ngjanh-lje′'' (廷讞寺). ''m-lêng'' means "courtyard", generally meaning the place where the monarch held court and decided disputes. Due to its political prominence, it is used as a synecdoche for the government as a whole. ''ngjanh'' means "review". ''lje′'' is somewhat unclear in meaning, but it may have been a general term for "office". Together, the name meant a department of reviewing affairs that came before the court, which here means the central government. | |||
The {{wp|English|Tyrannian}} name "Court of Appeal" was officially adopted in 1875. Before then, it was also called the Court of Error or the Exchequer Chamber, after the analogous court in [[New Tyran|Anglia and Lerchernt]]. | |||
==History== | |||
This court was originally part of the traditional judicial apparatus in antiquity and continued to hear appeals from regional courts in both civil and criminal matters, but it is unclear whether it possessed original jurisdiction under ordinary circumstances. Its jurisdiction over cases involving aliens was split in 1708 to accommodate the newly-created [[Supreme Court (Themiclesia)|Supreme Court]], to which it lost primary appellate jurisdiction over regional courts in 1820. In 1833, it acquired appellate jurisdiction over the Supreme Court. The Uniformity of Process Act of 1880 removed the Court of Appeal's jurisdiction in error over all trial courts, transferred to the Supreme Court. | |||
==Jurisdiction== | |||
After the Uniformity of Process Act passed in 1880, the Court of Appeal has jurisdiction in appeal over the entire Supreme Court. Compared to that court, the Court of Appeal has been relatively conservative in civil matters between subjects and the state, preferring to rule in favour of the state. | |||
==Noted rulings== | |||
===''Kraw nLui v. R.'' (1950)=== | |||
==Premises== | ==Premises== | ||
The Court of Appeal sits in the Supreme Court (building) and usually shares its courtrooms and other facilities, though the staff of the two courts are kept separate. | The Court of Appeal sits in the Supreme Court (building) and usually shares its courtrooms and other facilities, though the staff of the two courts are kept separate. | ||
Revision as of 22:20, 4 December 2019
| Court of Appeal | |
|---|---|
| 廷讞寺, m-lêng-ngjanh-lje′ | |
| Established | time immemorial 1820 (current jurisdiction) |
| Location | Kien-k'ang |
| Composition method | Appointed by the monarch on the advice of the prime minister |
| Authorized by | Judicial precedents Writs of Error Act (1820) |
| Appeals to | House of Lords |
| Appeals from | Supreme Court |
| Judge term length | Life |
| Number of positions | 10 |
| Chief Justice of Appeal | |
| Currently | Tjung Gwra-nlem |
| Since | 2012 |
The Court of Appeal (廷讞寺, m-lêng-ngjanh-lje′) is an appellate court in Themiclesia. Appeals from this court went to the court of dernier resort, the House of Lords. Today, Themiclesia has a four-tier judicial system for both civil and criminal cases, where the Court of Appeal is the third tier.
Name
The Themiclesian name of the Court of Appeal is m-lêng-ngjanh-lje′ (廷讞寺). m-lêng means "courtyard", generally meaning the place where the monarch held court and decided disputes. Due to its political prominence, it is used as a synecdoche for the government as a whole. ngjanh means "review". lje′ is somewhat unclear in meaning, but it may have been a general term for "office". Together, the name meant a department of reviewing affairs that came before the court, which here means the central government.
The Tyrannian name "Court of Appeal" was officially adopted in 1875. Before then, it was also called the Court of Error or the Exchequer Chamber, after the analogous court in Anglia and Lerchernt.
History
This court was originally part of the traditional judicial apparatus in antiquity and continued to hear appeals from regional courts in both civil and criminal matters, but it is unclear whether it possessed original jurisdiction under ordinary circumstances. Its jurisdiction over cases involving aliens was split in 1708 to accommodate the newly-created Supreme Court, to which it lost primary appellate jurisdiction over regional courts in 1820. In 1833, it acquired appellate jurisdiction over the Supreme Court. The Uniformity of Process Act of 1880 removed the Court of Appeal's jurisdiction in error over all trial courts, transferred to the Supreme Court.
Jurisdiction
After the Uniformity of Process Act passed in 1880, the Court of Appeal has jurisdiction in appeal over the entire Supreme Court. Compared to that court, the Court of Appeal has been relatively conservative in civil matters between subjects and the state, preferring to rule in favour of the state.
Noted rulings
Kraw nLui v. R. (1950)
Premises
The Court of Appeal sits in the Supreme Court (building) and usually shares its courtrooms and other facilities, though the staff of the two courts are kept separate.