Israeli judicial system

Israeli Supreme Court at night

The Israeli judicial system consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.

Secular courts

Supreme Court

Main article: Supreme Court of Israel

Located in Jerusalem acts as a further appellate court, and as the High Court of Justice as a court of first instance, often in matters concerning the legality of decisions of state authorities.

District courts

Tel Aviv District Court

The District Courts constitute the middle level courts of the judicial system, and have jurisdiction in any matter not within the sole jurisdiction of another court. In criminal matters, the courts have jurisdiction over cases where the accused faces a penalty of at least seven years imprisonment. In civil cases, they have jurisdiction over cases in which more than one million shekels are in dispute. District courts also hear appeals of judgments of the magistrate courts, as well as cases involving companies and partnership, abritration, prisoners petitions, and appeals on tax matters. Sitting as courts for administrative matters, they can hear petitions against arms of the government. One also sits as the court of admiralty, hearing all cases involving shipping commerce, accidents on the sea and the like. Most cases are heard by a single judge, though the court president can choose to appoint a three-judge panel. Cases where the accused is charged with an offense punishable by at least ten years in prison and appeals from magistrate courts are heard by three-judge panels. There are six such courts, one in each district of Israel.

Magistrate courts

The Magistrate Courts serve as basic trial courts. In criminal matters, they hear cases where the accused faces up to seven years imprisonment, and in civil cases, have jurisdiction over matters up to one million shekels. They also have jurisdiction over the use and possession of real property. The courts also act as traffic courts, municipal courts and family courts. Sitting as small-claims courts, they have jurisdiction over cases involving claims up to 30,000 shekels. Rather than following standard evidentiary rules, they require extensive pleadings and documentation upon filing of a formally written complaint. Verdicts are expected seven days from trial. Cases are heard by a single judge unless the court president decides to appoint a three-judge panel. There are 30 magistrate courts.

Labor courts

Main article: Labor Courts of Israel

National Labor Court, Jerusalem

There are five Regional Labor Courts in Israel as a tribunal of first instance, and one National labor court in Jerusalem hearing appeals and few cases of national importance, as first tier. They are vested with exclusive jurisdiction over cases involving employer-employee relationship, pre-employment, post-employment strikes and labor union disputes, as well as labor related complaints against the National Insurance Institute, and claims under the National Health Insurance Law.

The Labor Courts Law sets forth those matters within the jurisdiction of the Labor Court. Substantially all causes of action arising from the employer-employee relationship are within the court's jurisdiction.

In civil matters, the Labor Courts are not bound by the rules of evidence. Most cases are heard by a panel of three, including a Judge, a representative on behalf of employees and a representative on behalf of employers.

Military courts

The Military Court of Appeals is the highest judicial body in the Israeli military. The land, air and naval branches of the IDF, each of its military districts, the General Staff and the Home Front Command maintain their own special military tribunals.

Religious courts

Jewish religious courts

The Jewish religious courts, known as Rabbinic Courts courts, whose dayanim ("judges") are selected by a committee headed by the Minister of Justice, have jurisdiction regarding marital issues of Jews (especially divorce). Divorce of a Jewish couple can only be obtained at the Rabbinical Batei Din. However, if a petition for ancillary matrimonial reliefs, such as custody, support or equitable distribution of property is filed with the Civil Courts before a case for divorce is opened at the Batei Din, then all other marital issues may also be taken by Magistrate Courts sitting as Family Courts. Otherwise, if one spouse opens some sort of an action with the Batei Din, (including asking the couple for reconciliation), the Batei Din assume that all ancillary relief is aggregated into the main complaint, and the spouses may find themselves facing judicial deermination pursuant to Halakha (Jewish religious law), and not pursuant to the secular law. Thus, spouses may lose the equal protection and anti gender discrimination protections of the secular civil law.

The Supreme Rabbinic Court acts as the court of last resort for cases brought before the rabbinic courts.

Non-Jewish religious courts

The Muslim, Christian and Druze have their own religious courts which have similar jurisdiction over their followers, although Muslim religious courts have more control over family affairs. They are supervised by their own official religious establishments (although the Muslim and Druze kaddis judges are also elected by the Knesset). This is the maintenance of an agreement reached with the British Mandatory Authorities before the State of Israel's establishment in 1948.

Legal practice

As of 2011 there are over 46,000 active attorneys in Israel. There is one lawyer per 161 inhabitants. Law schools produce new graduates at the rate of 2,000 new lawyers a year. This creates a tight and highly competitive market. Market surveys find that the percentage of attorneys per one thousand inhabitants in Israel is one of the highest in the world.^{[citation needed]}

See Also

• Israeli law