Chapter 5 Key Terms

Question 1

What is Jurisdiction?

Answer 1

Jurisdiction is the power of a court to hear matters

Question 2

What are the 4 reasons for Court Hierarchy?

Answer 2

Specialization, Precedent, Appeals and Administrative Convenience

Question 3

Explain Original Jurisdiction with an example.

Answer 3

Original jurisdiction is the ability of a court to hear cases that have commenced (originated) in that court for the first time as opposed to appeal cases. For example a summary offense that was heard in the Magistrates Court.

Question 4

Explain Appellate Jurisdiction with an example.

Answer 4

Appellate jurisdiction is the jurisdiction of a court when it hears an appeal case. For example, a murder case that was heard in the Supreme Court but is being appealed to the Court of Appeal.

Question 5

Explain State Court Hierarchy.

Answer 5

Supreme --- Appeal
                              I
                              I
                         County
                              I
                              I
Coroner's --- Magistrates --- Children's

Question 6

Does the Court of Appeals have Original Jurisdiction?

Answer 6

No

Question 7

Whats the difference between Summary Offences and Indictable Offences?

Answer 7

Summary offences are usually less serious offences such as traffic offences and petty crime… whereas an indictable offence is a serious criminal offence for which the defendant is entitled to have a trial by judge and jury.

Question 8

What does “Indictable Triable Summarily” mean?

Answer 8

Some indictable offences are less serious and are ‘triable summarily’. This means a lower court like the Magistrates’ Court can hear them if you and the magistrate agree.

Question 9

What is a Caution?

Answer 9

A statement that must be read to the suspect to begin a formal interview showing that you are aware of your rights

Question 10

What is Remand?

Answer 10

Remand is to hold a person in custody while awaiting trial. A person on remand will be detained in a remand section of a prison. If found guilty the time spent in jail may be subtracted from a jail sentence.

Question 11

What is Bail?

Answer 11

an agreement to release a person accused of an offence and held in custody. This can be with or without condtions

Question 12

What is a condition of Bail?

Answer 12

A surety may be one such condition where a person ensures the accused attends court when required.

Question 13

What is a Tipstaff?

Answer 13

Judges personal assistant

Question 14

Prosecution is..

Answer 14

The party proving the defendant guilty in court. present the polices case