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The Supreme Court of Norway (NorwegianBokmål: (Norges) Høyesterett; Norwegian Nynorsk: (Noregs) Høgsterett; lit. ‘Highest Court’) was established in 1815 on the basis of section 88 in the Constitution of the Kingdom of Norway, which prescribes an independent judiciary. It is located in the capital Oslo. In addition to serving as the court of final appeal for civil and criminal cases, it can also rule whether the Cabinet has acted in accordance with Norwegian law and whether the Parliament has passed legislation consistent with the Constitution.
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Legal System Basics: Crash Course Government and Politics #18
Transcription
Hi, I'm Craig and this is Crash Course Civics
and today we're gonna look at the basics of
a system that affects all our lives: the law.
And no, we're not going to be talking about
the laws of thermo-dynamics. That's Hank's
show. Though we will be bringing the heat, ha!
The law affects you even if you never committed
a crime because there's so much more to the
legal system than just criminal justice, and
even though we're going to focus mainly on
courts, the law is everywhere.
If you don't believe me, read the user license
on your next new piece of software, or if
you fly anywhere read the back of your plane
ticket. Hopefully won't be more entertaining
than what you're watching now, but that's
examples of the law.
In general, courts have three basic functions,
only one of which you probably learned about in
your history class. The first thing that courts
do is settle disputes. In pre-modern history
(which is way easier to understand than post-modern
history), kings performed this function, but
as states got bigger and more powerful it
became much easier to have specialized officials
decide important issues like who owned the
fox you caught on someone else's land. Or
what does the fox say, which was disputed
a lot back then.
The second thing the courts do is probably
the one you heard about in school, or on television,
or perhaps while studying for the standardized
test, and that's interpret the laws. This
becomes increasingly important when you actually
try to read laws, or when you realize that
legislators are often not as they might be when
writing laws in the first place. Take a look at the
Affordable Care Act. There are a few
famous careless errors in that.
Finally courts create expectations for future
actions. This is very important if you want
to do business with someone. If you know that
you'll be punished for cheating a potential
business client, you're less likely to do
it. Still you might, 'cause there are a lot
of jerks out there who would. Are you one
of them? Don't be! At the same time if you
know that people will be punished for cheating
you you're more likely to do business. And
it's courts that create the expectation that
business will be conducted fairly.
Interpreting the laws can help this too, since
the interpretations are public and they set
expectations that everyone can understand
and know what the law means and how it applies
and then world peace. No more law breaking
ever.
The first thing to remember about courts in
the U.S. is that most legal action, if it
occurs in court at all, occurs in state court.
And if it occurs at night, it occurs in Night
Court. Because this is mainly a series about
federal government, and not Indiana government
or sitcoms about court in New York, I'm going
to focus mainly on the federal court system
which has four main characteristics.
One, the federal court system is separate
from the other branches of government. The
executive could do the job, just like kings
used to but we have separation of powers so
we don't have to be at the mercy of kings.
Have you seen Game of Thrones?
Two, the federal courts are hierarchical,
with the Supreme Court at the top and turtles
all the way down. Nope -- not turtles -- sorry
I meant lower courts. What this means is that
when a lower court makes a decision it can
be appealed to a higher court that can either
affirm or overturn the lower court's decision.
The third feature of federal courts is that
they are able to perform judicial review over
laws passed by Congress and state legislatures,
and over executive actions.
And the fourth aspect of federal court system
is that you should know that the federal judges
are appointed for life, and their salaries
can't be reduced. This is to preserve their
independence from politics. Sounds like a
pretty sweet deal.
Remember when I told you that the legislature
makes the laws? Well, that was true, but it's
also not the whole story. Legislatures both
state and national make laws and these written
laws are called statutes. In continental Europe
those are pretty much all the laws they have. Statutes.
Statutes everywhere! And statues. That place is
filled with art. They had the Renaissance there, y'know?
But in the U.S. and England, which is where
we got the idea, we have something called
common law, which consists of the past decisions
of courts that influence future legal decisions.
The key to common law is the idea that a prior
court decision sets a precedent that constrains
future courts. Basically if one court makes
a decision, all other courts in the same jurisdiction
have to apply that decision, whether they
like it or not. The collection of those decisions
by judges becomes the common law.
I don't have to have a reason to punch the
eagle.
I should probably point out what courts actually
do and explain that there are two different
types of courts that can make civil law. What
differentiates the two types of courts is
their jurisdiction, which basically means the
set of cases that they're authorized to decide.
Trial courts are also called courts of original
jurisdiction. These are the ones you see on
TV and they actually do two things. First,
they hear evidence and determine what actually
happened when there's a dispute. This is called
deciding the facts of the case. Not everything
that happened or that may be important qualifies
as a fact in a court case. Those are determined
by the rules of evidence, which are complicated and
would really slow down an episode of Law and Order.
After the trial court hears the facts of a
case it decides the outcome by applying the
relevant law. What law they apply will depend
on statutes and in some cases what other courts
have said in similar situations. In other
words the common law.
You might have noticed that I've been referring
to courts, not judges or juries, because not
all trials have juries. Bench trials have
only a judge who determines the facts and
the law. Besides, who decides what in a court
case isn't really that important. More than
90% of cases never go to court by the way,
they just get settled by lawyers out of court.
But say you actually go to court and you lose.
Naturally, you'd be upset.
Especially if you're a sore loser, like me.
Shut up.
You have a choice. You can give up and go
back to your normal, loser life or you can
appeal the trial court decision to a higher
court. An appeals court that has, you guessed
it, appellate jurisdiction. Did you actually
guess that? That'd be amazing.
Appeals courts don't hear facts -- who wants
those -- they just decide questions of law
so you don't have to bring witnesses or present
evidence, just arguments. In most cases, if
you want to bring a successful appeal, you
need to show that there was something wrong
with the procedure of your trial. Maybe the
judge allowed the jury to hear evidence they
shouldn't have heard, maybe one of the jurors
was a cyborg.
Here's the way that these courts connect to
what I was saying before about common and
statutory law. Most common law is made by
appeals courts. And because appeals courts have
larger jurisdiction than trial courts, appeals decisions
are much more important than trial court decisions.
So now I'm going to talk about the three types
of law, and it's gonna get confusing. We should
probably go to the Thought Bubble for some
nice, compelling, intriguing animations.
The two main types of law are basically the
Bruce Banner of law. They're the criminal
law and civil law, but they can sometimes morph
into the Incredible Hulk of laws: public law.
"Public law, smash abuse of government authority!"
If you watch TV or movies, or read John Grisham
novels, you're probably familiar with criminal
law. Criminal laws are almost always statutes
written by legislatures, which means that
there is an actual law for you to break. In
most states the criminal laws are called the
penal codes. In a criminal dispute -- and it's
a dispute because the government says you
broke the law and you will say you didn't --
the government is called the prosecution and
the person accused of committing the crime
is called the defendant.
Almost all criminal cases happen at the state
level and for this reason it's hard to know
exactly what is or what is not a crime in
each state. Although murder is a crime everywhere.
There are also some federal crimes like tax
evasion, mail fraud, and racketeering.
If you're suing someone or being sued, you're
in the realm of civil law. Civil cases arise
from disputes between individuals, or between
individuals and the government, when one party,
the plaintiff, claims that the other party,
the defendant, has caused an injury that can
be fixed or remedied. If the plaintiff proves
his or her case the defendant must pay damages.
If you lose a civil case you don't go to prison
or jail in most circumstances, but you may
end up losing lots of money, and that sucks.
I love money.
Cases about contracts, property, and personal
injuries, also called torts, are examples
of civil law. So under certain circumstances
a civil or criminal case can become public
law. This happens when either the defendant
or plaintiff can show that the powers of government
or the rights of citizens under the Constitution
or federal law is involved in the case. Also
if the law gets exposed to gamma rays.
"Law, smash!"
For example, in a criminal case where the
defendant claims that the civil rights were
violated by the police, the decision can become
public law. Thanks Thought Bubble.
So those are the basics of the court system
in the U.S. And you can see that there's a
lot to keep straight. There are types of courts,
basically trial courts and appeals courts,
on both the state and federal level. And there
are types of laws, basically statutory and common
laws. The fact that we have both state and federal
statutory law is an example of federalism in action.
The U.S. unlike most other nations has both
statutory and common law, but most of the
time when we're talking about federal laws we're in
the realm of statutes, or maybe the Constitution.
When you study American government, most of
the cases you read about are examples of appeals
and of public law. How this all works in practice
is even more complicated. And the adaptability
of the American legal fabric allows statutes to stretch
to fit the growing and changing American society.
Much like Bruce Banner's incredibly elastic pants.
Thanks for watching. I'll see you next time.
I'm getting angry! Oh no! Ahhhh! I'm not wearing
elastic pants! Oh no! Ahhhhh!
Crash Course: Government and Politics is produced
in association with PBS Digital Studios.
Support for Crash Course Government comes
from Voqal. Voqal supports non profits that use
technology and media to advance social equity. Learn
more about their mission and initiatives at voqal.org.
Crash Course is made with the help of these
Incredible Hulks. Thanks for watching. Rarrrr!
The King of Norway has sole authority to appoint judges to the country’s Supreme Court. He does so on the advice of the country's Judicial Appointments Board, a body whose members are also appointed by the King.[citation needed]
Information
The Supreme Court is Norway's highest court. It has the entire Kingdom as its jurisdiction. It is a court of appeal, i.e. cases cannot be brought before the court if they have not been tried in a district court (Norwegian: tingrett) and in most cases also in a regional court (Norwegian: lagmannsrett). Nevertheless, the Supreme Court has the prerogative to decide itself which cases of appeal it shall hear. This leads the court to hear cases of principal importance, where clarification is needed or where standards need to be set. Rulings set substantial precedence for the lower courts as well as for the Supreme Court itself.
As a subject to Norwegian law, one has no right to be heard in the Supreme Court, as the universal Human Rights article on a fair trial is believed to be satisfied with the district courts and as courts of appeal the regional courts.
The Supreme Court has a committee consisting of three justices who decide what cases shall be tried in the Supreme Court. The same committee decides in procedural questions appealed from the lower courts. Once approved, the case is heard and decided by 5 justices. A case may be decided in grand chamber, set with 11 justices, if the court decides that clear precedence needs to be set. In rare circumstances, a case may be heard in plenary session by all 20 justices. This happens when the court needs to decide if legislation conflicts with the constitution or a case involves fundamental questions.
The court is chaired by a Chief Justice together with 19 other justices. The current Chief Justice is Toril Marie Øie.
To be eligible to apply for the position as a Supreme Court justice, the Constitution of Norway states that one must be a Norwegian citizen, have a law degree with excellent academic record and be at least 30 years old. Once a justice has taken office, he or she may only be removed by impeachment through conviction in the Riksrett. As of 2013, this has never happened. Justices face mandatory retirement at age 70.
The court's salary is regulated by the Storting. Since October 1, 2011, justices have been paid NOK 1,487,000 ($262,600) and the chief justice NOK 1,724,000 ($304,500).
This page was last edited on 24 December 2020, at 04:37