Superior Courts of Justice of Peru
Encyclopedia
The Superior Courts of Justice or Superior Sectors of Peru
are the second highest courts of the Judicial System of Peru
. It is only second to the Supreme Court
.There is one court for each Judicial District
which more or less correspond with each of the 25 Regions of Peru
. A Superior Court is subdivided into smaller courts according to its speciality:
In the past, the Judicial District of Lima
had a Administrative Contentious Court. This court disappeared because of administrative reasons, but is maintained open until its current cases are resolved.
Courts that receive cases from more than one speciality are called Mixed Court. In a Superior Court, when there is no determined court for a case, and there are no Mixed Courts in the Superior Court as well, the case falls under the jurisdiction of a Civil Court, with the exception of criminal cases which must be tried in a Criminal Court.
Few cases originate in Superior Courts, so for this reason the act mostly as Courts of Appeals
. Under Peruvian law
, a double instance only exists in the case that a case ascends to the Supreme Court
. Those cases receive a double instance in a Superior Court according to the Abrogation doctrine
.
For a court to make a decision, four of the five votes must be necessary. If the four votes are not obtained, and act which is called a discord occurs in which a member of another court (in the same Superior Court), gets a sixth vote. If including the sixth vote, the decision does not obtain six votes, a seventh vote from a member of another court is given which is when the resolution must be passed.
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
are the second highest courts of the Judicial System of Peru
Judicial System of Peru
The Judicial System of Peru, usually known as the Judicial Power in Peru, is an organism of the government of the Republic of Peru composed of a hierarchic organization of institutions, that exercise equal justice to all people....
. It is only second to the Supreme Court
Supreme Court of Peru
The Supreme Court of Justice is the highest judicial court in Peru. Its jurisdiction extends over the entire territory of the nation. It is headquartered in the Palace of Justice in Lima.The supreme court is composed of three Supreme Sectors:...
.There is one court for each Judicial District
Judicial Districts of Peru
The Judicial Districts of Peru are subdivisions of the Judicial System of Peru. There are 28 Judicial Districts in Peru:#Judicial District of Amazonas#Judicial District of Ancash#Judicial District of Apurímac#Judicial District of Arequipa...
which more or less correspond with each of the 25 Regions of Peru
Regions of Peru
The regions of Peru are the first-level administrative subdivisions of Peru. Since its 1821 independence, Peru had been divided into departments but faced the problem of an increasing centralization of political and economic power in its capital, Lima...
. A Superior Court is subdivided into smaller courts according to its speciality:
- Civil Courts: have jurisdiction over all topics relating to Civil RightsCivil rightsCivil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
excluding Family LawFamily lawFamily law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;... - Criminal Courts: have jurisdiction over crimes and other topics relating to Criminal lawCriminal lawCriminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
. - Labor Courts: have jurisdiction over topics relating to Labor law
- Family Courts: have jurisdiction over topics relating to Family lawFamily lawFamily law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
- Commercial Courts: have jurisdiction over topics relating to Commercial lawCommercial lawCommercial law is the body of law that governs business and commercial transactions...
In the past, the Judicial District of Lima
Judicial District of Lima
The Judicial District of Lima is one of the 28 Judicial Districts of the Judicial System of Peru.Its main seat is in the city of Lima and its jurisdiction extends to 35 of the 43 Districts of Lima...
had a Administrative Contentious Court. This court disappeared because of administrative reasons, but is maintained open until its current cases are resolved.
Courts that receive cases from more than one speciality are called Mixed Court. In a Superior Court, when there is no determined court for a case, and there are no Mixed Courts in the Superior Court as well, the case falls under the jurisdiction of a Civil Court, with the exception of criminal cases which must be tried in a Criminal Court.
Few cases originate in Superior Courts, so for this reason the act mostly as Courts of Appeals
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
. Under Peruvian law
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
, a double instance only exists in the case that a case ascends to the Supreme Court
Supreme Court of Peru
The Supreme Court of Justice is the highest judicial court in Peru. Its jurisdiction extends over the entire territory of the nation. It is headquartered in the Palace of Justice in Lima.The supreme court is composed of three Supreme Sectors:...
. Those cases receive a double instance in a Superior Court according to the Abrogation doctrine
Abrogation doctrine
The Abrogation doctrine is a constitutional law doctrine expounding when and how the Congress may waive a state's sovereign immunity and subject it to lawsuits to which the state has not consented ....
.
Organization and Function
Each Court is made up of five justices, one of them being the President of the Court. The president of the entire Superior Court is elected between the presidents of each individual Court. Each Superior Court has a different amount of Courts.For a court to make a decision, four of the five votes must be necessary. If the four votes are not obtained, and act which is called a discord occurs in which a member of another court (in the same Superior Court), gets a sixth vote. If including the sixth vote, the decision does not obtain six votes, a seventh vote from a member of another court is given which is when the resolution must be passed.
See also
- PeruPeruPeru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
- Judicial Power of Peru
- Judicial Districts of PeruJudicial Districts of PeruThe Judicial Districts of Peru are subdivisions of the Judicial System of Peru. There are 28 Judicial Districts in Peru:#Judicial District of Amazonas#Judicial District of Ancash#Judicial District of Apurímac#Judicial District of Arequipa...