Court Hierarchy

Question 1

Define Appeal

Answer 1

When a case is reviewed in a higher court

Question 2

Define Appellate Jurisdiction

Answer 2

Power given to courts to hear appeals from other courts

Question 3

Define Court Hierarchy

Answer 3

The court system in order of jurisdiction and level

Question 4

Define Coroner

Answer 4

A judicial officer appointed to investigate deaths in unusual circumstances

Question 5

Define Original Jurisdiction

Answer 5

Power given to a court to hear a case for the first time

Question 6

Define Committal Proceedings

Answer 6

Preliminary hearing in a magistrates’ court to decide if there is enough in an indictable case to be heard in a higher court

Question 7

Define Prima Facie

Answer 7

Means ‘establishing the facts’
o i.e. enough evidence in an indictable case for the accused to stand trial

Question 8

Define Inquest

Answer 8

A court hearing where the Coroner considers evidence to determine the identity of the deceased and the date, place, manner and cause of death of the deceased

Question 9

Define Recidivism Rate

Answer 9

The rate of repeat offend

Question 10

List The Lower Courts

Answer 10

o Lower court of NSW
o Drug court of NSW
o Coroner’s court
o Children’s court

Question 11

List the Intermediate Courts

Answer 11

o District Court

Question 12

List The Superior Court

Answer 12

o Land and enviroment court
o Supreme court of NSW

Question 13

List The Federal Courts That Have Power In NSW

Answer 13

High court of Australia

Question 14

Outline The Role Of The Lower Court
- Local Court

Answer 14

o 95% of criminal matters are heard in this court
o Hears mostly summary offences
o Civil matters of worth up to $100,000
o Can hear indictable offences if the accused agrees to have they heard in Local Court
o Hear bail hearings
o Only have original jurisdiction not appellate jurisdiction
o Local Court Act 2007 (NSW) specifies the jurisdiction and procedures
o Prescribed over by a magistrate
o 155 local courts in NSW

Question 15

Outline The Role Of The Children’s Court
- Local Court

Answer 15

o Focuses on cases to do with the care of children e.g. domestic violence or any criminal cases to do with anyone under 18
o A closed court
o No jury, only a magistrate who have been trained in dealing with young people

Question 16

Outline The Role Of The Drug Court
- Local Court

Answer 16

o Aim to divert those charged with drug related offences into alternative sentences to jail time, etc. & reduce drug dependency
o Only hears drug consumption related cases - not production, distribution, trafficking, etc.
o 2020 BOCSAR stats only about 40% of ppl complete the program

Question 17

Outline The Role Of The Coroners Court

Answer 17

o Cases take the form of an inquest or inquiry in this court
o Will consider evidence provided by the Coroner, medical professionals, police & evidence from the scene of death, etc
o Following an inquest, coroners may make recommendations to governments and other agencies with a view to improving public health and safety

Question 18

Outline The Role Of The District Court of NSW
- Intermediate Courts

Answer 18

o Largest trial court in all of Australia
o Heard by a judge or jury in this court
- Often jury of 12
o Thay have appellate jurisdiction for any cases appealed from a lower-level court

o Can hear:
- All serious indictable offences expect murder & treason which are only heard in Supreme Court
- Civil matters up to $750,000 in value such as debt recovery or personal injury claims
- Offences against the person inc manslaughter, assault, sexual assault & harm of police officers (but not murder)
- Offences against property inc larceny, robbery, embezzlement, B&E
- Drug offences
- More serious driving offences (e.g. dangerous driving causing death or injury)

Question 19

Outline The Role Of The Supreme Court of NSW
- Superior Courts

Answer 19

o Hears the most serious cases in NSW
o Heard by 12 jury members & judge
o More time consuming & costly to hear cases in this court
o More serious sentences
o Civil matters of value $750,000+
o Has original & appellate jurisdiction

o Types of original jurisdiction cases heard here include:
- Murder, manslaughter & attempted murder
- Major conspiracy cases
- More serious drug related charges e.g. production or distribution
- Commonwealth prosecutions for serious breaches of the Corporations Law e.g. corporate espionage

Question 20

Outline The Role Of The Land And Environmental Court
- Superior Courts

Answer 20

o Has very restricted jurisdiction focusing on interpreting & enforcing environmental law in NSW
o Mostly civil & administrative disputes to do with land & contract disputes to do with land, etc
o They also hear criminal cases where breaches in environmental laws have occurred
o Can only hear cases with a judge – no jury
o Cases are usually brought to the court by the NSW Environment Protection Authority

Question 21

Outline The Role Of The Court of Criminal Appels
- Superior Courts

Answer 21

o Only has appellate jurisdiction to hear cases appealed in the Supreme, District Courts of NSW or from the Land and Environment Court
o Highest appellate jurisdiction court in NSW
o Heard by 3 Supreme Court judges & the determination of the majority is what the outcome will be
o Grounds for appeal in the CCA include:
- Procedural fairness breaches
- Inaccuracy/questioning of facts provided
- Questioning the severity of a punishment given

Question 22

Federal Court of Australia
- Federal Courts

Answer 22

o Hears serious criminal cases
o The prosecution in such instances is the Commonwealth Director of Public Prosecutions
o Cases often heard in federal courts include:
- Drug trafficking
- Money laundering
- Tax evasion, fraud, etc
o Harder to do a general search for federal cases

Question 23

Outline The Role Of The Federal Circuit Court of Australia

Answer 23

o Hears serious criminal cases and family law matters
o Aims to reduce the pressure on the Federal Court & Family Court

Question 24

Outline The Role Of The Hight Court of Australia

Answer 24

o Highest court in Australia
o Established in the Constitution and procedures set out in the Judiciary Act 1903 (Cth)
o Has original and appellate jurisdiction for all state and territory Supreme Courts
o Appealing to the High Court is not easy to do
o Their role:
- Hear appeals from Supreme Courts from states and territories
- Interprets the Australian Constitution when there is confusion/lack of clarity
- Determines whether laws are valid/appropriate i.e. adhere to rule of law, etc
o When does the High Court grant approval to appeal in their court:
- When it affects the general public
- Conflict between courts
- Administrative issues

Question 25

What Is The Role Of The Hight Court