general terms Flashcards
Supreme Court?
most serious criminal matters unlimited civil jurisdiction over $750000
District courts?
civil claims from $100000-$750000
Precedent
previous judgement on similar circumstances
Stare decisis
concept that similar cases must be treated the same
Local court?
criminal cases such a stealing, assault drugs up to $100000
Land and environment courts?
breaches of environment and planning laws
Industrial relations commission?
workplace affairs, fix wages
Children’s court?
care and protection of children
corners court?
place of death, cause of death
Drug court?
drug possession (local/district court)
Federal court?
civil disputes and summary of criminal offences hierarchy is equivalent to Supreme Court.
Federal circuit/ family court
est sep 2021, family law, child support, human rights, copyright, bankruptcy, migration, consumer protection and trade practices, privacy, administrative law and industrial law.
High court?
appeals from federal court/family court, supreme, state and territory court cases concerning the interpretation of Australian constitution and constitutional validity of laws.
Inquisitorial system?
the court is actively involved in investigating the facts of the case and determining the way the competing.
Adversial system
two side involved in a case
role of the parties: present the best case possible so trial is fair
role of the judge: to control proceedings, make sure that rules of evidence of procedures are followed and to decide on the relevant law to be applied.
