What is the Difference Between Court and Tribunal?
🆚 Go to Comparative Table 🆚The main differences between courts and tribunals are their jurisdiction, structure, function, and procedure. Here is a summary of the key differences:
- Jurisdiction: Courts are established by the government and have broad jurisdiction to hear a wide range of cases, including criminal, civil, and constitutional matters. Tribunals, on the other hand, are typically established to deal with specific types of disputes or areas of law, such as employment disputes, immigration cases, or tax appeals.
- Structure: Courts are part of the judicial system and are staffed by judges, while tribunals are quasi-judicial organizations created to handle specific issues.
- Function: Courts issue rulings, decrees, and orders in civil matters, and verdicts of acquittal or conviction in criminal cases. Tribunals, however, are set up to provide awards to the parties in question.
- Procedure: Tribunals usually have a more streamlined and informal procedure compared to courts. There is often no provision for the exchange of formal pleadings, such as a statement of claim or defense, in tribunal proceedings. Additionally, tribunals may accept hearsay evidence and unsworn testimony, while courts are bound by their findings once judgment is pronounced.
- Adjudicators: Tribunal members who make decisions (adjudicators) usually have special knowledge about the topic they are asked to consider, while judges are expected to have a broader knowledge of the law.
In summary, courts are formal legal institutions established by the government to resolve disputes across various areas of law, while tribunals are quasi-judicial organizations with a more limited jurisdiction and scope, focusing on specific types of disputes and following a more streamlined and informal procedure.
Comparative Table: Court vs Tribunal
Here is a table highlighting the key differences between courts and tribunals:
| Aspect | Tribunals | Courts |
|---|---|---|
| Meaning | Statutory agencies with judicial powers | Judicial bodies with a long-standing tradition |
| Nature | Less formal and expedient proceedings | Formal and rigid proceedings |
| Powers and Functions | Quasi-judicial functions, limited power to decide legislation | Primarily judicial functions, can decide validity of legislation |
| Fees | Comparatively less expensive | Determined based on subject matter, can be costly |
| Technicality | Adjudicators possess department-specific knowledge | Adjudicators are experts in the law |
| Decision | Subjective, taking into account policy and expediency | Objective, based on evidence and materials produced |
| Appealability | Decision is subject to appeal | Decision may be final and binding |
Both courts and tribunals are legal forums that adjudicate disputes, but they differ in structure, function, and jurisdiction. Tribunals are typically established to deal with specific types of disputes or areas of law, while courts are established by the government and have broad jurisdiction to hear a wide range of cases.
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