Australian legal system Flashcards

1
Q

Magistrates’ Court

A

criminal original jurisdiction
hears summary offences (traffic offences) and indictable offences heard summarily (theft less than $100,000)

civil original jurisdiction
hears civil matters up to $100,000 (debts, breach of contract, damage to property)

no appellate jurisdiction

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2
Q

County Court

A

criminal original jurisdiction
hears the all indictable offences other than the most serious, such as culpable driving, robbery, armed robbery, and rape.

civil original jurisdiction
hears civil cases involving an unlimited amount of money

criminal appellate jurisdiction
hears appeals against conviction or sentence in a criminal matter that was heard in the magistrate court

no civil appellate jurisdiction

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3
Q

Supreme Court Trial Division

A

criminal original jurisdiction
will hear the most serious indictable cases (murder, manslaughter, attempted murder, child homicide, infanticide, drug trafficking in commercial quantities)\

civil original jurisdiction
the civil actions for unlimited amounts involving complex legal issues

criminal and civil appellate jurisdiction
hears appeals from magistrate court on point of law

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4
Q

Supreme Court of Appeal

A

criminal appellate jurisdiction
hears appeal from county and supreme court trial division on conviction, sentence and points of law

civil appellate jurisdiction
appeal from county and supreme court trial division on division liability and remedy

no original jurisdiction

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5
Q

High Court of Australia

A

civil original jurisdiction
Hears disputes between the states, or where the Commonwealth is a party and Constitutional Interpretation or involving the Constitution

Appellate Jurisdiction (civil and criminal)
Must be granted leave to appeal from a State Supreme Court of Appeal

no criminal original jurisdiction

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6
Q

Children’s Court

A

Criminal Original Jurisdiction
All offences committed by children between 10 and 17 years of age (except for certain types of offences such as homicidal offences)

no civil original jurisdiction or appellate jurisdiction

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7
Q

original jurisdiction

A

the power of the courts to hear a case for the first time

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8
Q

appellate jurisdiction

A

the power of the court to hear a case on appeal.

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9
Q

koori court

A

sentence for all offences dealt with in the criminal jurisdiction of the County Court except for sexual offences or family violence

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