Chapter 22.5-22.7 Court Hierarchy and Role of Courts Flashcards
Jurisdiction
the legal power to make legal decisions and judgements
Lower courts
Magistrate’s court or local court, hear summary offences and civil cases under the amount of $100,000, no appellate jurisdiction (Appeal) no jury
Intermediate courts
District Court or County Court, hear all serious criminal cases include serious theft, armed robbery, drugs trafficking, sexual assault, etc, except murder and attempt murder. Serious civil cases include negligence, defamation, etc, over the amount of $100,000. Has power to hear appeals from Magistrates’ Court, severity of sentence
Superior Courts
Supreme Court of trial division/appeal
Trial division has the power to hear all serious criminal offences, such as murder, hear complex civil case include an unlimited amount of money. Hear some appeals from the Magistrates’ Court.
Supreme Court of Appeal hear all appeals both County and Supreme Court Trial Division
The High Court of Australia
Highest Court, most well-known federal court, has the power to hear many cases, hear appeals from any state or territory Supreme Court of Appeal and High Court itself, hear cases involve disputes over the meaning of Australian Constitutional
Australian Constitution
a document describes the rules, laws that govern Australia, constitution defines the structure of government in Australia, also the rights of citizens
The Federal Court of Australia
Hears most civil disputes involve federal law, include industrial relations, native title claims land rights to Aboriginal and Torres Strait Islanders, copy right, trade practices and immigration issues. Hear appeals from various courts and tribunals
Parties in the court
-Title of adjudicator is magistrates
-No jury
**County Court:
Precedent
a legal principle that must be followed by magistrates and judges in cases where the facts are similar
Statutory interpretation
when a judge is called to resolve a dispute in which existing legislation is unclear and needs to be interpreted
precedent
a legal principle that must be followed by magistrates and judges in cases where the facts are similar
Supreme Court of Appeal title and jury
-Title of adjudicator is Justice of appeal
-No jury, sometimes multiple justices
Supreme Court Trial Division title and jury
-Title of adjudicator is Justice of trial division
-Heard before a judge or jury if plead not guilty, no need for jury if plead guilty
-Jury for criminal cases are compulsory 12ppl, civil 6pplce of trial division
County Court title and jury
-Heard before a judge or jury if plead not guilty, no need for jury if plead guilty
-Jury for criminal cases are compulsory 12ppl, civil is optional depend on complexity 6ppl
