The Mordan Federal Court System (Outline)

The Mordan court system will consist of three tiers:

  1. Federal District Courts – courts of first instance
  2. Federal Courts of Appeal
  3. Federal Court of Cassation and the Federal Constitutional Court – acting as supreme courts

The first two courts as well the Federal Court of Cassation, will have separate divisions for criminal, civil and administrative procedures.

All court cases start at the district level, and for this purpose there will be multiple court districts. If one or both parties are dissatisfied with the verdict of the district court, they are entitled to appeal to the Federal Court of Appeal. The FCA will be obliged to hear any such appeal. Those still dissatisfied with the decision of the Federal Court of Appeal, can turn to the Federal Court of Cassation.

Cassation is, however, a different procedure than appeal. In an appeal procedure the case will be redone, but in cassation the FCC will only look at whether the correct procedure has been followed and whether the law is interpreted correctly. If so the case ends there. However, if the Federal Court of Cassation concludes that the answer on this questions is no, then it will redirect to case back to a Federal Court of Appeal, though not necessarily the same one, for retrial.

The Federal Constitutional Court is charged with constitutional review, i.e. it looks whether laws and other regulations are in line with the constitution.