Judiciary

Courts help people follow the law.

They help solve big fights. Judges look at the rules. This keeps things fair for everyone.

Long ago, Rome had special rules. Some rules were old ways of acting.

Other rules were set by leaders. A leader named Justinian put them all in one big book.

In the Middle Ages, schools grew. People studied laws at universities. Some laws were for the church. Other laws were for the world.

Rules can change how we live. In some lands, judges can change laws. This helps the law stay right.

Today, courts have many jobs. They help people understand the law. It is a very big job.

The judiciary is a system of courts.

Its job is to solve legal fights. Courts explain and apply the law. In many places, judges do not make the laws. Instead, they look at the facts of a case. They decide how the law fits those facts. Some courts can even change laws. This is called judicial review.

This helps keep laws fair.

History shows us how these systems grew. Long ago, Rome had many rules. Some rules were the "way of the ancestors." Later, a leader named Justinian made a big book.

This book was called the Corpus Iuris Civilis. It held all Roman laws in one place.

In the Middle Ages, universities began to grow. Students studied different types of law. Some laws were for the church. These were called canon law. Other laws were for the world.

A monk named Gratian helped organize church laws. Over time, these different laws mixed together. This created a new way to handle legal cases. Today, courts remain a very important part of how people live together.

The judiciary is a very important system of courts.

Its main job is to settle legal disagreements between people. Judges look at the facts of a case to explain the law. They also defend the law and make sure it is applied fairly. In many places, the judiciary is separate from other parts of government. One part makes laws, and another part enforces them. The judiciary mostly focuses on interpreting what those laws actually mean.

How a court works can vary depending on the country. In some systems, judges use a method called common law. This means they look at past decisions to help them make new ones. This practice is known as stare decisis. In other places, the process might be more inquisitorial. This means a judge actively investigates all the evidence in a case. Some systems are also adversarial, where both sides try to convince the judge. These different ways help different societies reach a fair conclusion.

We can see the roots of these systems in ancient Rome. Between 650 and 264 BC, Romans used a system called Ius Civile. This included rules called Mos Maiorum, which were the ways of the ancestors. In 451 to 449 BC, these rules were written down in the Twelve Tables. Later, the head of the legal system changed from priests to leaders called praetors. During the Roman Empire, a new process called cognitio extraordinaria began. This allowed a professional judge to handle cases for the emperor.

One of the most famous legal events happened under the leader Justinian. He created a massive collection of laws called the Corpus Iuris Civilis.

This collection had four important parts. The Institutiones served as a summary of Roman law. The Digesta was a collection of many edicts. The Codex held the laws made by the emperors. Finally, the Novellae contained all the new laws created at that time.

In the Middle Ages, legal studies grew within new universities. Students studied both secular law and canon law.

Canon law was the set of rules created by the Catholic Church. A monk named Gratian helped organize these church laws into a collection. Over time, Roman law and canon law began to mix together. This combination was known as Ius Commune. This shared system helped create a more organized way to handle legal cases across Europe.

The judiciary is a complex system of courts.

Its primary role is to adjudicate legal disputes. This means the judiciary settles disagreements between people or groups. It also interprets, defends, and applies the law in legal cases. Under the doctrine of the separation of powers, the judiciary is distinct from other branches. The legislature is responsible for making statutory law. The executive branch is responsible for enforcing the law. The judiciary focuses on applying the law to specific facts.

In some countries, the judiciary can change laws through judicial review. This allows courts to annul laws that conflict with a higher norm, such as a constitution.

The history of the judiciary traces back to ancient Rome. During the Archaic period, between 650 and 264 BC, Romans used Ius Civile, or civil law. This included Mos Maiorum, which were social norms from ancestors. In 451–449 BC, these rules were written in the Twelve Tables. The legal process had two distinct phases. First, the In Iure phase involved a judicial process led by priests. Then, the Apud Iudicem phase brought the case before citizen judges. These judges were orators rather than legal experts. In the pre-classical period, the head of the system shifted from priests to praetors. These leaders issued edicts that created praetorian law.

The Roman Empire brought further changes to legal mechanisms. During the Principate, a new process called cognitio extraordinaria emerged. This was a single-phase process used because of the empire's vast size. A professional judge, representing the emperor, handled the case. Appeals were possible to an immediate superior. Legal experts also began to emerge during this era. They studied the law and acted as advisors to the emperor. Later, during the Dominate era, the leader Justinian oversaw a major event. He ordered the codification of Roman law into the Corpus Iuris Civilis.

This collection had four parts: the Institutiones, the Digesta, the Codex, and the Novellae.

In the Middle Ages, legal education expanded through new universities. These institutions had five faculties, including canon law and Ius Civile. Canon law, or ecclesiastical law, was created by the Pope. Secular law was mainly based on the rediscovered Corpus Iuris Civilis. The period of the Scholastics saw a renewed interest in these old texts. Early scholastics, such as the Glossators, worked to translate and recreate Roman law. They created Glossae, which were translations, and Summae, which were summaries. They also used Brocardica, or short mnemonic sentences, to help memory. Later, the Post-Glossators or Commentators analyzed law more systematically.

Church law also underwent significant organization during this time. A monk named Gratian was a well-known figure in this field. He organized church laws into a collection called the Decretum. This formed part of the Corpus Juris Canonici. This system was used by the Roman Catholic Church for centuries. By the 15th century, Roman law and canon law began to merge. This combined system was known as Ius Commune. It created a more systematic way to manage legal processes. This new process allowed for appeals and used different investigative methods. It was partially inquisitorial, where judges investigated evidence, and partially adversarial.

Modern legal systems use different methods to reach decisions. Common law jurisdictions rely heavily on precedent. This is known as stare decisis, or following previous court decisions. In these systems, courts can make law in limited areas, such as torts. For example, the tort of negligence often comes from case law rather than statutes. In contrast, other systems may be more inquisitorial. In the United States, the court system has a specific hierarchy. Cases begin in trial courts, such as US district courts. They can then move to appellate courts. The Supreme Court serves as the final authority on the federal Constitution.

Different countries maintain different structures for their highest authorities. In France, the Council of State handles administrative cases. The Court of Cassation handles civil and criminal cases. In the People's Republic of China, the National People's Congress is the final authority. Argentina uses a mixed system with various court levels. In the Argentine system, criminal cases involve four stages of litigation. This is one more stage than is required for civil law cases. Regardless of the specific structure, the judiciary remains a core pillar of organized society.