The functions of the court in
trial, judgement, and appeal
Functions of the Court
Keeping the Peace
The primary function of any court system—to help keep domestic peace—is so
obvious that it is rarely considered or mentioned. If there were no institution that was
accepted by the citizens of a society as an impartial and authoritative judge of whether
a person had committed a crime and, if so, what type of punishment should be meted
out, vigilantes offended by the person’s conduct might well take the law into their own
hands and proceed to punish the alleged miscreant according to their uncontrolled
discretion. If no agency were empowered to decide private disputes impartially and
authoritatively, people would have to settle their disputes by themselves, with power
rather than legitimate authority likely being the basis of such decisions. Such a system
might easily degenerate into anarchy. Not even a primitive society could survive under
such conditions. Thus, in this most basic sense, courts constitute an essential element
of society’s machinery for keeping peace.
https://www.britannica.com/topic/court-law#ref257557
Deciding disputes
In the course of helping to keep the peace, courts are called upon to decide
controversies. If, in a criminal case, the defendant (one charged with a crime)
denies committing the acts charged against him, the court must choose between
his version of the facts and that presented by the prosecution. If the defendant
asserts that his actions did not constitute criminal behaviour, the court (often aided
by a jury) must decide whether his view of the law and facts or the prosecution’s is
correct. In a civil case, if the defendant disputes the plaintiff’s account of what
happened between them—for example, whether they entered into a certain contract
or agreement—or if he disputes the plaintiff’s view of the legal significance of
whatever occurred—for example, whether the agreement was legally binding—the
court again must choose between the contentions of the parties. The issues
presented to, and decided by, the court may be either factual, legal, or both.
https://www.britannica.com/topic/court-law#ref257557
The functions of the court in trial
A trial court or court of first instance is a court of
original jurisdiction in which most civil or criminal cases
commence. In the trial court, evidence and testimony are
first introduced, received and considered. Findings of fact
and law are made in the trial court and eventually, the
findings of law may be appealed to a higher court that
has the power of review. https://ballotpedia.org/Trial_court
When something happens, whether it is a criminal action or a
civil disagreement between neighbors, the case is taken to the trial
court. The trial court is the initial court a case moves through based
on jurisdiction. You've likely heard the term jurisdiction before. In the
court system, jurisdiction is the power that a court holds to oversee a
trial or other legal orders. It can be based on several things:
• Jurisdiction over the person involved in the civil or criminal activity
• Jurisdiction over the subject matter
• Jurisdiction to render a particular judgment sought (limits over court
power; e.g., small claims court can hear cases under a certain dollar
value)
https://study.com/academy/lesson/court-functions-original-and-appellate-jurisdiction.html
The functions of the court in judgement
It is a decision of a court regarding the rights and liabilities of
parties in a legal action or proceeding. Judgements also generally
provide the court’s explanation of why it has chosen to make a
particular court order.
Judicial power rests with the Supreme Court and the lower
courts, as established by law (Art. VIII, sec. 1 of the 1987
Constitution). Its duty is to settle actual controversies involving
rights which are legally demandable and enforceable (Art).
https://www.philembassymadrid.com/government
The fact that courts operate by known rules and with reasonably predictable results leads
many of those who might otherwise engage in legal action to reach a compromise, because
people are typically unwilling to incur the expense of going to court if they believe that there is
a good chance that they will lose.
Most people arrested and charged with a crime plead guilty. If they do so with full
understanding and without any coercion, the judge generally accepts their admission of guilt.
The sole question for the court is to decide whether the defendant should go to jail, pay a fine,
pay restitution to the victim, or be subjected to other corrective treatment (the judgment may
entail more than one of these punishments). In civil-law countries, some judicial inquiry into
the question of guilt or innocence is typically required even after a confession, but the inquiry
is generally brief and tends to be perfunctory. The main problem to be resolved is the
sentence that should be imposed. https://www.britannica.com/topic/court-law#ref257557
The functions of the court of appeal
The Court of Appeals is vested with the power to review all final judgments,
decisions, resolutions, orders or awards of Regional Trial Courts and quasi-judicial
agencies, instrumentalities, boards or commissions, except those falling within the
appellate jurisdiction of the Supreme Court; to try cases and conduct hearings,
receive evidence and perform any and all acts necessary to resolve factual issues
raised in cases falling within its original and appellate jurisdictions, including the
power to grant and conduct new trials or further proceedings. It issues writs of
mandamus prohibition, certiorari, habeas corpus, quo warrant and auxiliary writs or
processes, and writs of amparo and habeas data in the exercise of its concurrent
jurisdiction with the Supreme Court, Sandigang bayan, and the Regional Trial
Courts. https://www.dbm.gov.ph/wp-content/uploads/OPCCB/opif2009/appeals.pdf
Jack.pptx

Jack.pptx

  • 1.
    The functions ofthe court in trial, judgement, and appeal
  • 2.
  • 3.
    Keeping the Peace Theprimary function of any court system—to help keep domestic peace—is so obvious that it is rarely considered or mentioned. If there were no institution that was accepted by the citizens of a society as an impartial and authoritative judge of whether a person had committed a crime and, if so, what type of punishment should be meted out, vigilantes offended by the person’s conduct might well take the law into their own hands and proceed to punish the alleged miscreant according to their uncontrolled discretion. If no agency were empowered to decide private disputes impartially and authoritatively, people would have to settle their disputes by themselves, with power rather than legitimate authority likely being the basis of such decisions. Such a system might easily degenerate into anarchy. Not even a primitive society could survive under such conditions. Thus, in this most basic sense, courts constitute an essential element of society’s machinery for keeping peace. https://www.britannica.com/topic/court-law#ref257557
  • 4.
    Deciding disputes In thecourse of helping to keep the peace, courts are called upon to decide controversies. If, in a criminal case, the defendant (one charged with a crime) denies committing the acts charged against him, the court must choose between his version of the facts and that presented by the prosecution. If the defendant asserts that his actions did not constitute criminal behaviour, the court (often aided by a jury) must decide whether his view of the law and facts or the prosecution’s is correct. In a civil case, if the defendant disputes the plaintiff’s account of what happened between them—for example, whether they entered into a certain contract or agreement—or if he disputes the plaintiff’s view of the legal significance of whatever occurred—for example, whether the agreement was legally binding—the court again must choose between the contentions of the parties. The issues presented to, and decided by, the court may be either factual, legal, or both. https://www.britannica.com/topic/court-law#ref257557
  • 5.
    The functions ofthe court in trial
  • 6.
    A trial courtor court of first instance is a court of original jurisdiction in which most civil or criminal cases commence. In the trial court, evidence and testimony are first introduced, received and considered. Findings of fact and law are made in the trial court and eventually, the findings of law may be appealed to a higher court that has the power of review. https://ballotpedia.org/Trial_court
  • 7.
    When something happens,whether it is a criminal action or a civil disagreement between neighbors, the case is taken to the trial court. The trial court is the initial court a case moves through based on jurisdiction. You've likely heard the term jurisdiction before. In the court system, jurisdiction is the power that a court holds to oversee a trial or other legal orders. It can be based on several things: • Jurisdiction over the person involved in the civil or criminal activity • Jurisdiction over the subject matter • Jurisdiction to render a particular judgment sought (limits over court power; e.g., small claims court can hear cases under a certain dollar value) https://study.com/academy/lesson/court-functions-original-and-appellate-jurisdiction.html
  • 8.
    The functions ofthe court in judgement
  • 9.
    It is adecision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgements also generally provide the court’s explanation of why it has chosen to make a particular court order. Judicial power rests with the Supreme Court and the lower courts, as established by law (Art. VIII, sec. 1 of the 1987 Constitution). Its duty is to settle actual controversies involving rights which are legally demandable and enforceable (Art). https://www.philembassymadrid.com/government
  • 10.
    The fact thatcourts operate by known rules and with reasonably predictable results leads many of those who might otherwise engage in legal action to reach a compromise, because people are typically unwilling to incur the expense of going to court if they believe that there is a good chance that they will lose. Most people arrested and charged with a crime plead guilty. If they do so with full understanding and without any coercion, the judge generally accepts their admission of guilt. The sole question for the court is to decide whether the defendant should go to jail, pay a fine, pay restitution to the victim, or be subjected to other corrective treatment (the judgment may entail more than one of these punishments). In civil-law countries, some judicial inquiry into the question of guilt or innocence is typically required even after a confession, but the inquiry is generally brief and tends to be perfunctory. The main problem to be resolved is the sentence that should be imposed. https://www.britannica.com/topic/court-law#ref257557
  • 11.
    The functions ofthe court of appeal
  • 12.
    The Court ofAppeals is vested with the power to review all final judgments, decisions, resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commissions, except those falling within the appellate jurisdiction of the Supreme Court; to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdictions, including the power to grant and conduct new trials or further proceedings. It issues writs of mandamus prohibition, certiorari, habeas corpus, quo warrant and auxiliary writs or processes, and writs of amparo and habeas data in the exercise of its concurrent jurisdiction with the Supreme Court, Sandigang bayan, and the Regional Trial Courts. https://www.dbm.gov.ph/wp-content/uploads/OPCCB/opif2009/appeals.pdf