1. In many civil-law countries, the ordinary courts have no control over administrative agencies, that is why their decisions are reviewed by a special tribunal that is engaged exclusively in that work and that has nothing to do with cases of the type that come into the courts. Its function is solely appellate and solely within the specialized areas the administrative agencies are entrusted with.
2. The method a judicial decision is enforced by depends upon its nature. If it does nothing more than declare legal rights as is true of a simple divorce decree (merely severing marital ties, not awarding alimony or the custody of children), or a declaratory judgment (for example, interpreting a contract or a statute), no enforcement is needed. If a judgment orders a party to do or refrain from doing a certain act, as happens when an injunction is issued, the court itself takes the first step in enforcing the judgment by holding in contempt anyone who refuses to obey its order and sentencing him to pay a fine or go to jail. Thereafter, enforcement is in the hands of the executive branch of government, acting through its correctional authorities.
3. In routine criminal cases and in civil cases that result in the award of money damages, courts have little to do with the enforcement of their judgments. That is the function of the executive branch of government, acting through sheriffs, marshals, jailers, and similar officials. The courts themselves have no machinery for enforcement. Some judgments are extremely controversial as was the case with the decision of the Supreme Court of the United States ordering racial desegregation of the schools. When voluntary compliance with such a judgment is refused, forcible methods of enforcement are necessary, sometimes extending to the deployment of armed forces under the control of the executive branch of the government. The withdrawal of executive support seldom occurs, even when decisions are directed against the executive branch itself; but when such executive support is withheld, the courts are rendered impotent.
4. Judges, being aware of their limited power, seldom render decisions that they know to be so lacking in support that they will not be enforced. As there are many different types of courts and many ways to classify and describe them, basic distinctions must be made between civil and criminal courts, between courts of general jurisdiction and those of limited jurisdiction, and between trial and appellate courts.
5. As far as criminal courts are concerned they deal with persons accused of crime, deciding whether they are guilty and, if so, determining the consequences they shall suffer. Prosecution is on behalf of the public, represented by some official such as a district attorney, procurator, or a police officer. Courts are also public agencies, but in this instance they stand neutral between the prosecution and the defense, their objective being to decide between the two in accordance with law.
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6. Specialized tribunals of many kinds exist, varying from nation to nation. Some deal only with the administration of the estates of deceased persons (probate courts), some only with disputes between merchants (commercial courts), some only with disputes between employers and employees (labour courts). All are courts of limited jurisdiction. Deserving of special mention because of their importance are juvenile courts, empowered to deal with misconduct by children and sometimes also with the neglect or maltreatment of children. Their procedure is much more informal than that of adult criminal courts, and the facilities available to them for the pretrial detention of children and for their incarceration, if necessary after trial, are different The emphasis is on salvaging children, not punishing them. Traffic courts also deserve mention because they are so common. They process motor vehicle offenses such as speeding and improper parking. Their procedure is summary and their volume of cases heavy. Contested trials are relatively infrequent. Finally, in most jurisdictions there are what are called, unfortunately and for want of a better term, "inferior" courts. These are often manned by part-time judges who are not trained in the law. They handle minor civil cases involving small sums of money, such as bill collections, and minor criminal cases carrying light penalties, such as simple assaults. In addition to finally disposing of minor criminal cases, such courts may handle the early phases of more serious criminal cases fixing bail, advising defendants of their rights, appointing counsel, and conducting preliminary hearings.
