Court Hireachies Flashcards
What is the hierarchy of courts in South Australia?
Supreme Court, District Court, Magistrates Court
The hierarchy allows for appeals and specialization in legal matters.
What types of cases does the Magistrates Court hear in its Criminal Jurisdiction?
Summary offenses and Indictable offenses
Summary offenses include minor crimes like drink driving, while Indictable offenses are more serious crimes.
What is the maximum sentence for summary offenses in the Magistrates Court?
Two years
Examples include drink driving and theft.
What is the Civil Jurisdiction of the Magistrates Court?
General Claims, Consumer and Business Claims, Minor Claims Division
General Claims can be up to $100,000; Minor Claims Division handles claims up to $12,000.
What types of cases does the District Court hear in its Criminal Jurisdiction?
Arson, kidnapping, sexual offenses, manslaughter
The defendant has the option of trial by jury.
What is the maximum penalty in the District Court?
Life imprisonment
This applies to serious criminal offenses.
What is the Civil Jurisdiction of the District Court compared to the Magistrates Court?
Hears almost any case beyond the Magistrates Court’s scope, excluding complex cases
District Court Civil Judges have similar powers to Supreme Court justices.
What is the Appellate Jurisdiction of the District Court?
Hears appeals from specialized tribunals and some jurisdictions of the Magistrates Courts
This includes reviewing decisions made in lower courts.
What types of cases does the Supreme Court hear in its Criminal Jurisdiction?
Most serious cases like murder and treason
Cases are heard by one justice, with a maximum penalty of life imprisonment without parole.
What is the Civil Jurisdiction of the Supreme Court?
Hears the most complex civil cases without definable limits on damages
There are no jury trials in this jurisdiction.
What specialized courts exist in South Australia?
Youth Court, Environment, Resources and Development Court, Coroner’s Court
These courts handle specific legal areas.
Why are courts organized in hierarchies?
Allows for appeals, natural justice, specialization, and administrative efficiency
Different justices for appeal courts contribute to impartiality.
What is the Original Jurisdiction of the High Court of Australia?
Hearing constitutional disputes
Decisions in this jurisdiction are final and cannot be overturned by parliament.
What is the Appellate Jurisdiction of the High Court of Australia?
Hears appeals from superior state or Federal courts
Appeals constitute a majority of the High Court’s workload.
What types of cases does the Federal Court of Australia handle?
Bankruptcy, Industrial Relations, Maritime Claims, Native Title Claims, Taxation
It covers most areas of federal and civil law.
What is the Family Court of Australia’s jurisdiction?
Complex family law matters
It has a Chief Justice and Deputy Chief Justice.
What is the purpose of the Federal Circuit Court of Australia?
To help manage the workload of the Federal and Family courts
It handles less complex cases and has no appellate jurisdiction.
What does Natural Justice ensure?
A fair hearing, lack of bias, evidence to support decisions
It is essential for maintaining the integrity of the legal process.
How does judicial review uphold the rule of law?
Allows individuals to challenge the exercise of power in an independent judiciary
It ensures that anyone can have their grievances addressed in court.
What is the difference between a court of general jurisdiction and a court of specialized jurisdiction?
General jurisdiction hears any case, specialized jurisdiction focuses on specific areas of law
Example: Family Court specializes in family law.
What is the difference between original jurisdiction and appellate jurisdiction?
Original jurisdiction is the first court to hear a case; appellate jurisdiction reviews lower court decisions
Appellate courts consider legal errors made in original trials.
What is the difference between civil jurisdiction and criminal jurisdiction?
Civil jurisdiction hears private disputes; criminal jurisdiction focuses on crimes against the state
Civil cases usually involve one judge and no jury.
Where would an appeal be heard if a trial was held in the District Court of South Australia?
Supreme Court of South Australia
The Supreme Court hears more complicated cases from the District Court.
What are the main factors determining where a civil case will be heard in a state court hierarchy?
Severity of the case, amount of money involved, nature of the complaint
Judicial limits also play a role in jurisdiction.
