Court Jurisdiction

Question 1

What is jurisdiction

Answer 1

the legal power or responsibility of a court

Question 2

what is original and appellate jurisidiction

Answer 2

original: the authority for a court to hear matters for the first time
appellate: the authority for a court to review matters on appeal

Question 3

what are the lower courts of NSW and their jurisdiction

Answer 3

local court jurisdiction (presided by a magistrate and no jury)
- dealing with summary offences.
- often where committal hearingd are held to determine if prima facie exists
- no appellate jurisdiction
- determines if case has enough evidence to proceed to trial in higher court

children’s court jurisdiction (magistrate and no jury)
- over every offence (except homicide, sexual assault, and traffic offences)
- used by individuals less than 18 months old, and also individuals between 18-21 who committed the crime when they were younger than 18

coroner’s court
- conducts coronial inquests into suspicious circumstances and deaths to determine if a criminal act has been committed

Question 4

what are the intermediate court of NSW and their jurisdiction

Answer 4

district court (presided by judges with jury)
- all indictable offences except murder/ attempted murder, treason, sexual assault, and kidnapping

Question 5

what are the superior courts of NSW and their jurisdiction

Answer 5

supreme court of NSW (chief justice and a bench of justices, with a jury of 12)
- hears the most serious offences
- stated cases: appeals where the magistrate has made an error in their interpretation of law

court of criminal appeal
- hears appeals from the local court on questions of law, the district court, and a single judge decision in the supreme court

Federal court of australia
- only jurisdiction over a few criminal matters from federal legislations

Question 6

what is the highest court of NSW and its jurisdiction

Answer 6

High court (prosecuted by a commonwealth DPP)
- only has original jurisdiction in constitutional matters (constitutional interpretation and some cth matters)
- highest court of appeal
- cases identified as summary/ indictable
- included drug importation, money laundering etc