4.4 Australia's Court System Flashcards
IDENTIFY the relationship between the seriousness of an offense and the court it is heard in
The more serious the offense, the higher the court that hears it, and vice versa
DEFINE hierarchy
A grading system based on order of importance
IDENTIFY why each court becomes ‘expert’ in dealing with particular areas of law
Because each court deals with matters over which it has jurisdiction or authority, they become expert in dealing with that particular area of law.
IDENTIFY what types of civil cases will be heard by the high court
cases that will affect many people or involve large sums of money
IDENTIFY what types of criminal cases will be heard by the high court
cases involving the most serious crimes, for example murder, attempted murder and manslaughter
Define appeal
An application for a legal decision to be reviewed in a higher court
OUTLINE what an individual can do if they are unhappy with the ruling of a lower court
the can appeal the decision and have their case reviewed in a higher court
IDENTIFY an issue with trials
Trials cost money, and get more expensive if the trial is held in a court that his higher up the hierarchy
IDENTIFY what happens if you break a rule in school
Either your classroom teacher, year co-ordinator, deputy principle or principle will decide your ‘guilt’ and ‘punishment’, depending on the seriousness of what you did
DEFINE trial
a hearing in a court meant to determine whether someone committed a criminal act
IDENTIFY the 4 Main courts
High Court
Supreme Court
District Court
Local Court
IDENTIFY the Specialised Courts
Children’s Court
Family Court
Coroners Court
Drug Court
IDENTIFY the approximate number of local courts in NSW
more than 160 local courts in NSW
IDENTIFY the percentage of cases begin in the local court
All criminal cases, and 90% of civil cases
OUTLINE the powers of magistrates
Deals with minor civil disputes and summary offences
Hears cases, decides the verdict and sets the punishment
Can give up to 2 years imprisonment for each offence, or a maximum of 5 years.
Presides over committal hearings dealing with indictable offences to decide if there enough evidence for the case to go to trial in a higher court
Magistrate hears bail applications, issues arrest warrants and search warrants, hears applications for AVOs
IDENTIFY what kind of civil disputes are heard in the local court
Minor civil disputes (Eg. suing for property damage or injury claims) of up to $100 000
DEFINE a summary offence with examples
Minor criminal matters
Eg. stealing, drink-driving, assault, possession of drugs, indecent language
IDENTIFY which court hears summary offences
Local court
IDENTIFY what AVO stands for
Apprehended Violence Orders
IDENTIFY where district courts are located
in Sydney and large regional centres
IDENTIFY who hears cases in a district court
a judge hears the case, and sometimes a jury will decide whether the accused is guilty or not, but a judge will always decide the sentence
IDENTIFY what kind of civil cases are heard in the district court
Claims for over $100 000 up to $750 000
and all motor vehicle accident cases
IDENTIFY what kind of criminal cases are heard in a district court
serious criminal matters such as armed robbery and manslaughter
IDENTIFY which is the highest court in NSW
Supreme Court
IDENTIFY some examples of what kind of cases are heard in the supreme court
Criminal cases including murder, treason, serious sexual assault.
Civil cases involving more than $750 000
Appeals from lower courts
IDENTIFY who is the leader of the supreme court
Chief Justice
IDENTIFY where the supreme court is located
Sydney
IDENTIFY what are the powers of the High Court
Hears appeals from lower courts
Hears cases concerning the interpretation of the constitution, and so can create laws that affect the power of the parliaments
The High court is the highest court in Australia, so their decisions are final
IDENTIFY who makes the decisions in the high court
No jury, a panel of 3-7 judges
OUTLINE the children’s court
deals with cases involving the care and protection of children and young people
deals with criminal cases that were committed when the accused was under the age of 18
closed to the public and media
OUTLINE the coroners court
Special local court that investigates deaths by un-natural causes in order to identify the deceased, and the date, place, circumstance and medical cause of death.
Coroners also investigate the cause and origin of fires and explosions
OUTLINE the family court
assists Australians to resolve more complex family law patters such as divorce, parenting disputes, and the division of property when couples separate.
In Australia, the only grounds needed for a divorce is that the marriage has irretrievably broken down
OUTLINE the Drug Court of NSW
tries to provide long-term solutions for offenders who have been caught in the cycle of drug use and crime by encouraging that person to get clean, gain employment, and reduce need to commit crimes to support drug habit
first stage involves assessment and detoxification, when a personal plan is made to cater for the individuals needs to help ensure a successful completion of the program
