FL06: Legal & Judicial Systems Flashcards
State the hierarchical order of Courts in NZ’s judicial system
District Court
High Court
Court of Appeal
Supreme Court
Define law
A rule of human conduct enforced by the state through the Courts of law
Who is the enforcing authority?
The state
Define jurisdiction
Area of authority
What is ‘Sanction of the law’ referred to as?
The consequences of disobeying the law
State the 2 types of consequences
Punitive
Compensatory
What is a ‘punitive consequence’?
To punish the wrongdoer
What is a ‘compensatory consequence’?
To make up for any loss, or to right the wrong
State the 2 types of law in NZ
Criminal Law
Civil Law
What does ‘Criminal Law’ deal with?
Imprisonable and fines only offences
What does ‘Civil Law’ deal with?
The protection of individual rights, and breaches or rules
What is the name for ‘breaching the rules’ under Civil Law?
Torts
What do District Courts deal with?
Category 1 offences
Category 2 offences
Category 3 offences
Where are the appeals from District Courts heard?
High Court
What does the High Court deal with?
Category 4 offences
In some cases 2 & 3
Where are the appeals from the High Court Heard?
Court of Appeal
What does the Court of Appeal deal with?
Appeals against decisions made in the District & High Court
Where are appeals from the Court of Appeal heard?
Supreme Court
Which court is the highest and final court in the judicial system?
Supreme Court
Explain the ‘Doctrine of Precedent’
The District Court is bound by the decisions of the High Court and the Court of Appeal
What is a ‘Category 1’ offence?
Fines only
What is a ‘Category 2’ offence?
Imprisonment less than two years, punishable by community sentence or a fine (or both)
What is a ‘Category 3’ offence?
Imprisonment for 2 years or more, with rights to elect trial by jury
What is a ‘Category 4’ offence?
Serious or high profile offences
Who prosecutes ‘Category 3’ offences?
The Crown
Where are ‘Category 4’ offences heard?
High Court
