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The
District Court
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See: Courts
Law [Consolidated Version], 5744-1984, Sections 33-42.
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In
Israel there are six District Courts: in Jerusalem, |
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Tel-Aviv-Jaffa, Petah-Tikva,
Haifa, Be'er Sheva and Nazareth. Approximately 90 judges serve in these
courts. |
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Jurisdiction:
The District Court sits as a court of
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first instance and
as an appellate court on the judgments of the Magistrates' Court. It also
hears appeals on judicial and quasi-judicial decisions of Administrative
Tribunals and other different bodies, by virtue of the powers conferred
specifically upon it by law. |
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As
a court of first instance:
As a court of first |
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instance, the
District Court has a kind of residual jurisdiction. It has jurisdiction
in any matter not within the jurisdiction of the Magistrates’ Court and
which is not within the sole jurisdiction of another court. |
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Criminal
matters: The District Court has |
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jurisdiction in any criminal
matter not within the jurisdiction of the Magistrates’ Court. These are,
essentially, cases of serious criminal offences, in which the penalty for
the offence is the death penalty or imprisonment for a period of more than
seven years. |
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Civil
matters: In civil matters, the District Court has |
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jurisdiction
in regard to monetary claims of a particularly high sum or value, of above
one million Israeli shekels. |
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The District
Court has jurisdiction also in other matters, such as prisoners’ petitions,
appeals on tax matters, appeals regarding the Knesset elections register.
Appeals regarding Knesset election results are heard before the Jerusalem
District Court. The Haifa District Court also serves as a Maritime Court.
District Court judges, duly appointed, also serve as Presiding Judges of
Standard Contracts Tribunals and Restrictive Practices Tribunals. |
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Until
recently, the District Court also heard matters |
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relating to personal
status which were not within the sole jurisdiction of the Religious Tribunals.
Jurisdiction in regard to these matters has now been vested in the Magistrates’
Courts, sitting as a Family Court. This change is part of a process
of complete restructuring of the court system, initiated by the Knesset.
Its purpose is to gradually transform the District Court into essentially
an appellate court. Many of the issues within the District Court’s jurisdiction
as a court of first instance will be given over to the Magistrates’ Courts,
other than jurisdiction in regard to serious criminal offences and certain
civil matters. |
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It
is also intended to gradually transfer some of the |
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powers of the
Supreme Court as the High Court of Justice to the District Courts. In 1997
a Bill was submitted to the Knesset which proposes that District Courts
serve as Administrative Courts, and rule on matters that are at present
within the jurisdiction of the Supreme Court. In these courts, judges with
the expertise to adjudicate such matters would sit and the procedures,
remedies and grounds of action applicable in the High Court of Justice
would be in effect. |
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As
an appellate court: The
District Court hears |
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appeals on the
judgments of Magistrates’ Courts. It also hears appeals on judicial and
quasi-judicial decisions of Administrative Tribunals and other different
bodies, by virtue of the powers conferred specifically upon it by law,
as well as upon decisions of the Chief Execution Officers. |
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Guiding
Precedent: A ruling laid
down by the |
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District Court
serves as a persuasive or guiding precedent to the Magistrates’ Courts. |
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Judges:
The number of District Court judges in
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each Court is determined
by the Minister of Justice. Each District Court is headed by a President,
and at his side, one or more Deputy Presidents. |
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Composition:
District Courts are usually |
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composed of a Single judge.
But the District Court sits as a panel of three judges when it serves as
a court of appeal on a judgment of a Magistrates’ Court, and when it hears,
at first instance, cases of particularly serious offences (such as murder,
attempted murder, rape, sexual offences within the family, and offences
against state security), and any other matter in respect of which the President
or Deputy President of the District Court has directed that it be dealt
with by a bench of three Judges. |
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Presiding
Judge: Where a District
Court deals |
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with any Matter by
a bench of three Judges, including the President, the President is the
Presiding Judge; if a Deputy President, but not the President, is included,
the Deputy President is the Presiding Judge; if more than one Deputy President
is included, the one with the greater length of service is the Presiding
Judge; in any other case, the Judge with the greatest length of service
is the Presiding Judge. The length of service, for this purpose, is calculated
from the date of the appointment of the Judge to the District Court. |
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Appeal:
Judgments of the District Court are |
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appealable to
the Supreme Court. If the judgment has been given at first instance, the
appeal is as of right; if the judgment has been given by the District Court
as an appellate court, then the appeal is by leave to appeal. Leave to
appeal is granted either in the judgment itself or by a Supreme Court justice.
Interim decisions of the District Court in civil matters are also appealable
to the Supreme Court where leave to appeal has been granted by a Supreme
Court justice. |
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