One feature is common in the organisation of the judicial systems all over the modem world: the courts are arranged in an ascending or hierarchical order of the lower and superior courts, determined by their sphere of powers or jurisdiction. Broadly speaking, at the bottom lie the courts of first instance with very restricted jurisdiction or power of decision. Above them are the intermediate courts of appeal with greater powers of decision and jurisdiction. At the top are the high or supreme courts of review or cassation with powers to hear appeals from all subordinate courts and also special jurisdiction in certain matters, such as the constitutional disputes in the federal States. The power of review or cassation means the power to annul the decision of a subordinate court or tribunal. The three types of courts are, however, differently designated. Here below is a sketch of the judicial organisation in some countries of the world:
Criminal and Civil Courts
In most modem States, separate courts are set up for criminal and civil cases, especially at the lower levels. For instance, in Pakistan, England and U.S.A. there are civil and criminal courts of original and intermediate appellate jurisdiction. But in all States, the final or high courts have jurisdiction in both civil and criminal cases. Civil cases deal with the breach of rights of private citizens. Criminal cases mean those which arise from the breach of peace, violence to life, limb or property and violation of laws of the State by a person or persons.
Special Courts
A distinction is made between regular or ordinary courts and special or extraordinary courts. Every State establishes special courts for special matters. For instance, there are revenue courts in Pakistan and India, for revenue cases. In industrial matters, industrial courts are set up for the settlement of industrial disputes. Military courts or Courts-martial exist to apply military law to military personnel. Election tribunals are set up to settle election disputes. In the category of special courts we may also include the administrative courts, commercial courts, courts of refugee claims and settlement, conciliation courts, probate courts, customs courts, courts of impeachment, consular courts, juvenile courts, etc.
Federal Courts
In certain federal States like the U.S.A. separate federal and State courts are established for federal and State laws. The federal courts have jurisdiction over the whole country, while the State courts have jurisdiction within the component State’s boundaries. But this is a useless multiplication of courts, with consequent disharmony and conflict of jurisdiction. That is the reason why in recently established federal States, like Pakistan, India, etc., there is a single judicial organisation for the whole country enforcing