Court Hierarchy

Question 1

What is the Aus state court hierarchy?

Answer 1

local court, district court, NSW supreme court, high court

Question 2

What is the Aus federal court hierarchy?

Answer 2

federal circuit court of aus, family court/federal court of aus, high court

Question 3

What is the purpose of having a court hierarchy?

Answer 3

1) allows for different forms of hearing for gravity or seriousness - efficiency and cost
2) provides a system of appeals
3) instrumental in building up precedents

Question 4

Why are there two court hierarchies?

Answer 4

Because our federal system distinguishes state matters and federal matters, which is established by the Constitution. Fed court apply & interpret Cth legislation, and State court apply & interpret State legislation

Question 5

What does jurisdiction mean?

Answer 5

Jurisdiction is the distinction between the court’s power to hear on certain matters, which can be broken down to original vs appellant jurisdiction. It is also a limitation based on subject matter, remedies and penalties a court can order.

Question 6

What is the power of an appellant jurisdiction?

Answer 6

The power to hear appeals of decisions of lower courts or decisions by single judges in their respective courts.

Question 7

What’s the difference between general jurisdiction and limited jurisdiction?

Answer 7

general: power to hear all types of cases and matters.
limited: can only hear matters where it has jurisdiction to do so