A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all persons have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.

The system of courts that interpret and apply the law are collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large buildings in cities.

The practical authority given to the court is known as its jurisdiction (Latin ''jus dicere'') -- the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone's ''Commentaries on the Laws of England,'' a court is constituted by a minimum of three parties: the ''actor'' or plaintiff, who complains of an injury done; the ''reus'' or defendant, who is called upon to make satisfaction for it, and the ''judex'' or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers to apply a legal remedy. It is also usual in the superior courts to have attorneys, and advocates or counsel, as assistants, though, often, courts consist of additional attorneys, bailiffs, reporters, and perhaps a jury.

The term "the court" is also used to refer to the presiding officer or officials, usually one or more judges. The judge or panel of judges may also be collectively referred to as "the bench" (in contrast to attorneys and barristers, collectively referred to as "the bar"). In the United States, and other common law jurisdictions, the term "court" (in the case of U.S. federal courts) by law is used to describe the judge himself or herself.

In the United States, the legal authority of a court to take action is based on personal jurisdiction, subject-matter jurisdiction, and venue over the parties to the litigation.

Etymology

This word, like all English words come from the Bashkir language. Word of Kurt or Cort (cirilic "kopт") in the Bashkir language means - the wolf.

The word ''cour'' comes from the French ''court'', an enclosed yard, which derives from the Latin form ''cortem'', the accusative case of ''cohors'', which again means an enclosed yard or the occupants of such a yard. The words ''yard'', ''court'', and Latin ''hortus'' (meaning "garden," hence horticulture and orchard), are cognates—all referring to an enclosed space.

The meaning of a judicial assembly is first attested in the 12th century, and derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard. The verb "to court", meaning to win favor, derives from the same source since people traveled to the sovereign's court to win his favor.

Jurisdiction

Jurisdiction, means "to speak the law," is the power of a court over a person or a claim. In the United States, a court must have both personal jurisdiction and subject matter jurisdiction. Each state establishes a court system for the territory under its control. This system allocates work to courts or authorized individuals by granting both civil and criminal jurisdiction (in the United States, this is termed subject-matter jurisdiction). The grant of power to each category of court or individual may stem from a provision of a written constitution or from an enabling statute. In English law, jurisdiction may be ''inherent'', deriving from the common law origin of the particular court.

Trial and appellate courts

Trial courts are courts that hold trials. Sometimes termed "courts of first instance," trial courts have original jurisdiction over most cases. Trial courts may conduct trials with juries are the finders of fact (these are known as jury trials) or trials in which judges act as both finders of fact and finders of law (these are known as bench trials). Juries are less common in court systems outside the Anglo-American common law tradition.

Appellate courts are courts that hear appeals of lower courts and trial courts.

Civil law courts and common law courts

The two major models for courts are the civil law courts and the common law courts. Civil law courts are based upon the judicial system in France, while the common law courts are based on the judicial system in England. In most civil law jurisdictions, courts function under an inquisitorial system. In the common law system, most courts follow the adversarial system. Procedural law governs the rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law.

See also

General

Tribunal

Sanctions (law)

International judicial institution

International Criminal Court

Types and organization of courts

Appellate court

Administrative court

Constitutional court

Court of Faculties

Court-martial

Courts of England and Wales

Ecclesiastical court

Equity court

Family court

High Court of Justiciary

Revolutionary Tribunal (French Revolution)

Scots Law

Scottish Court Service

Supreme court

Trial court

Notes

External links

US federal courts

Courtprep, Information about the Canadian justice process, features an interactive courtroom and witness tips.

Going to court if you're charged with a crime (Directgov, England and Wales)

HM Courts and Tribunals Service (England and Wales)

Category:Courts

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Honorific-prefix	The Honourable
Name	Ted Baillieu
Honorific-suffix	MLA
Office	46th Premier of VictoriaElections: 2010
Term start	2 December 2010
Monarch	Elizabeth II
Governor	David de KretserAlex Chernov
Deputy	Peter Ryan
Predecessor	John Brumby
Office2	Leader of the Opposition of VictoriaElections: 2006, 2010
Term start2	8 May 2006
Term end2	2 December 2010
Deputy2	Louise Asher
Predecessor2	Robert Doyle
Successor2	Daniel Andrews
Constituency mp3	Hawthorn
Parliament3	Victorian
Term start3	18 September 1999
Predecessor3	Phil Gude
Birth date	July 31, 1953
Birth place	Melbourne, Victoria
Party	Liberal Party
Spouse	Robyn Jubb
Children	Eleanor
Alma mater	University of Melbourne
Profession	Architect
Website	Personal websiteParliament website }}

Edward Norman "Ted" Baillieu MLA (born 31 July 1953) is an Australian politician. He is currently the Premier of Victoria and the member for the Legislative Assembly seat of Hawthorn. He has been the leader of the Victorian Division of the Liberal Party of Australia since May 2006 and Premier of Victoria since 2 December 2010 after the Liberal/Nationals Coalition defeated the Brumby-led Labor Party government with 45 seats to 43 in the Legislative Assembly.

Early life

Baillieu is the youngest son of Darren and Diana Baillieu. He is also the younger brother of solicitor Ian Baillieu, former ABC presenter Fiona Baillieu, author David Baillieu, former journalist and Portsea activist Kate Baillieu (the widow of state Liberal politician Julian Doyle) and Olympic oarsman and America's Cup yachtsman Will Baillieu.

Baillieu was raised in the Melbourne suburb of Toorak, educated at Melbourne Grammar School and the University of Melbourne (where he graduated in 1976 with a Bachelor of Architecture degree) and was an architect by profession before entering the Victorian Parliament.

He is a descendant from the Baillieu family dynasty of French Belgian ancestry.

Early career

Baillieu worked as an architect and for a time joining the family real estate firm Baillieu Knight Frank. The Labor Party ran an election advertisement campaign in 2006 and 2010 claiming he profited from Liberal government policies. Baillieu also was employed by Tourism Victoria from 1998 to 1999 before entering politics.

Political career

Baillieu joined the Carlton branch of the Liberal Party in 1981 because of his frustration at the power of unions on building sites. By 1987 he was Vice-President of the Victorian Liberal Party and President in 1994. At Jeff Kennett's insistence, Baillieu nominated for Liberal Party preselection for the State seat of Hawthorn at the 1999 election, to replace the retiring member Phil Gude. Baillieu was successful. It was at this election that Steve Bracks unexpectedly led the Australian Labor Party to victory, with the support of three country independents, one a former Labor supporter and the other two conservatives.

Since his entry into Parliament, Baillieu has been a permanent member of the Liberal Party frontbench. He has served as Shadow Minister for Tertiary Education and Training (1999–2001), Gaming (July 2000 – August 2002) and Planning (September 2001 – May 2006).

Liberal Party leadership

Baillieu was elected unopposed as the Opposition Leader of Victoria on 8 May 2006 by the Liberal Party room, replacing Robert Doyle, who resigned his position on 4 May 2006.

After Doyle's resignation, speculation mounted that former Victorian Premier Jeff Kennett would return to politics and the position of Liberal Party Leader in order to lead the party into the 2006 state election which was held on 25 November 2006. However on the morning of 5 May 2006, Baillieu in announcing his candidacy for the party leadership revealed that Kennett would withdraw from the leadership race and throw his support behind Baillieu. Later that afternoon, Baillieu's only other challenger for the position, Shadow Minister for Transport Terry Mulder also withdrew from the race.

Six months after assuming leadership of the Liberals, Baillieu lead the campaign in the 2006 election. The Labor party, keen to exploit Baillieu's wealth, dubbed him, ''Ted the Toff from Toorak''.

Throughout the campaign, media stories about Baillieu's extensive blue chip share portfolio, at the time estimated to be worth almost $4 million, raised questions about conflicts of interest. Baillieu's handling of the issue and his refusal to place his investments in a blind trust was thought to have hurt the Liberal Party during the campaign. On 25 November 2006, the Liberal Party lost the state election under Ted Baillieu's leadership, though gaining an extra 6 of the 88 lower house seats.

In a speech at the State Council of the Victorian Liberal Party, Ted Ballieu opposed the push by John Howard for nuclear reactors in Victoria.

An online campaign against Baillieu by senior Liberal Party members was uncovered and made public, with Baillieu promising to root out the disloyal elements in his party. The media suspected that forces loyal to former Federal Treasurer Peter Costello and former State Party President Michael Kroger had attempted to undermine Baillieu.

In February 2008, at a joint news conference it was announced that the Victorian Nationals and Liberals would join in a new Coalition agreement forged between Leaders Ted Baillieu and Peter Ryan. As part of the arrangement, both parties agreed to hold joint party meetings, develop joint policies, allocate five shadow cabinet positions to the Nationals, abolish three-cornered contests (unless otherwise agreed) and run joint legislative council tickets in the non-metropolitan Regions.

In 2008, Baillieu declared his support for abortion law reform in Victoria.

Premier of Victoria

Baillieu as Leader of the Opposition contested the 2010 Victorian state election as the alternative Premier of Victoria and Nationals Leader Peter Ryan as the alternative Deputy Premier. Baillieu focused during the election campaign mainly on the policies of health, law and order, government expenditure and the longevity and the ability of the incumbent Labor government to deliver during a record fourth term for Labor. Until election eve, polling indicated a tight Labor government re-election. The final Newspoll saw a two party preferred figure of 48.9 percent for Labor and 51.1 percent to the Liberals and Nationals.

Two days after the election, on Monday 29 November, Premier John Brumby conceded defeat after it became clear that his government had lost its majority to the opposition. The Coalition won 45 seats to Labor's 43, with a parliamentary majority of just one seat with the appointment of Ken Smith as Speaker. On 2 December, Baillieu was sworn in as the 46th Premier of Victoria, along with 22 of the Baillieu/Ryan government ministers.

Personal life

Baillieu is of French Belgian ancestry, his great-great-great-grandfather, Étienne Lambert Baillieux (1773–1816) having migrated to England from Liège, Belgium. The current Baron Baillieu of Sefton in the Commonwealth of Australia and of Parkwood in the County of Surrey, James William Latham Baillieu, 3rd Baron Baillieu (b. 1950) is his third cousin. Ted Baillieu is also the great-grandson of Victorian politician William Knox.

Baillieu is married to Robyn and has three children: Martha, Eleanor and Robert. He is a supporter of the Geelong Football Club, where he is a joint convener of 'We Are Geelong Supporters' (WAGS). Baillieu is a regular Sunday morning swimmer with the ''Brighton Icebergs''. He regularly enters the Pier to Pub swim organised by the Lorne Surf Life Saving Club. He also plays golf and basketball.

In December 2010, Baillieu underwent surgery at the Epworth Hospital to remove a kidney stone.

Baillieu is a member of the following organisations:

Australian Institute of Architects

Geelong Football Club

Melbourne Cricket Club

Melbourne Rugby Union Football Club

Melbourne Savage Club

Melbourne Victory FC

Rotary Club of Glenferrie

Royal Melbourne Golf Club

Sorrento Golf Club

Baillieu is a member of the Patrons Council of the Epilepsy Foundation of Victoria.

See also

Victorian state election, 2014

References

External links

Liberal Party biography

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Category:1953 births Category:Australian people of French descent Category:People educated at Melbourne Grammar School Category:Living people Category:Members of the Victorian Legislative Assembly Category:People of Belgian descent Category:Politicians from Melbourne Category:Premiers of Victoria (Australia) Category:Leaders of the Opposition in Victoria (Australia) Category:University of Melbourne alumni Category:Victoria (Australia) Liberal politicians Category:Australian architects

cs:Ted Baillieu de:Ted Baillieu fr:Ted Baillieu pl:Ted Baillieu simple:Ted Baillieu