Chapter 22.5-22.7 Court Hierarchy and Role of Courts

Question 1

Jurisdiction

Answer 1

the legal power to make legal decisions and judgements

Question 2

Lower courts

Answer 2

Magistrate’s court or local court, hear summary offences and civil cases under the amount of $100,000, no appellate jurisdiction (Appeal) no jury

Question 3

Intermediate courts

Answer 3

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

Question 3

Superior Courts

Answer 3

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

Question 3

The High Court of Australia

Answer 3

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

Question 4

Australian Constitution

Answer 4

a document describes the rules, laws that govern Australia, constitution defines the structure of government in Australia, also the rights of citizens

Question 5

The Federal Court of Australia

Answer 5

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

Question 6

Parties in the court

Answer 6

-Title of adjudicator is magistrates
-No jury
**County Court:

Question 7

Precedent

Answer 7

a legal principle that must be followed by magistrates and judges in cases where the facts are similar

Question 8

Statutory interpretation

Answer 8

when a judge is called to resolve a dispute in which existing legislation is unclear and needs to be interpreted

Question 9

precedent

Answer 9

a legal principle that must be followed by magistrates and judges in cases where the facts are similar

Question 10

Supreme Court of Appeal title and jury

Answer 10

-Title of adjudicator is Justice of appeal
-No jury, sometimes multiple justices

Question 11

Supreme Court Trial Division title and jury

Answer 11

-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

Question 12

County Court title and jury

Answer 12

-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