FL06: Legal & Judicial Systems Flashcards

1
Q

State the hierarchical order of Courts in NZ’s judicial system

A

District Court
High Court
Court of Appeal
Supreme Court

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2
Q

Define law

A

A rule of human conduct enforced by the state through the Courts of law

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3
Q

Who is the enforcing authority?

A

The state

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4
Q

Define jurisdiction

A

Area of authority

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5
Q

What is ‘Sanction of the law’ referred to as?

A

The consequences of disobeying the law

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6
Q

State the 2 types of consequences

A

Punitive

Compensatory

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7
Q

What is a ‘punitive consequence’?

A

To punish the wrongdoer

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8
Q

What is a ‘compensatory consequence’?

A

To make up for any loss, or to right the wrong

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9
Q

State the 2 types of law in NZ

A

Criminal Law

Civil Law

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10
Q

What does ‘Criminal Law’ deal with?

A

Imprisonable and fines only offences

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11
Q

What does ‘Civil Law’ deal with?

A

The protection of individual rights, and breaches or rules

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12
Q

What is the name for ‘breaching the rules’ under Civil Law?

A

Torts

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13
Q

What do District Courts deal with?

A

Category 1 offences
Category 2 offences
Category 3 offences

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14
Q

Where are the appeals from District Courts heard?

A

High Court

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15
Q

What does the High Court deal with?

A

Category 4 offences

In some cases 2 & 3

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16
Q

Where are the appeals from the High Court Heard?

A

Court of Appeal

17
Q

What does the Court of Appeal deal with?

A

Appeals against decisions made in the District & High Court

18
Q

Where are appeals from the Court of Appeal heard?

A

Supreme Court

19
Q

Which court is the highest and final court in the judicial system?

A

Supreme Court

20
Q

Explain the ‘Doctrine of Precedent’

A

The District Court is bound by the decisions of the High Court and the Court of Appeal

21
Q

What is a ‘Category 1’ offence?

A

Fines only

22
Q

What is a ‘Category 2’ offence?

A

Imprisonment less than two years, punishable by community sentence or a fine (or both)

23
Q

What is a ‘Category 3’ offence?

A

Imprisonment for 2 years or more, with rights to elect trial by jury

24
Q

What is a ‘Category 4’ offence?

A

Serious or high profile offences

25
Q

Who prosecutes ‘Category 3’ offences?

A

The Crown

26
Q

Where are ‘Category 4’ offences heard?

A

High Court