hierarchy of courts Flashcards
What is the common law precedent based on?
hierarchical structure of court system
What does the hierarchy courts variance depend on?
What jurisdiction do supreme courts have?
What does it mean when a court is exercising original jurisdiction?
What about appellate jurisdcitions?
Jurisdiction
Original and appelate jurisdiction
To exercise original jurisdiction means the case is taken directly to the court without being heard by lower court
Court hears appeals against decision of court in lower hierarchy
Describe Australia’s jurisdictions
State and territory have own hierarchy with matter brought under sate or territorial jurisdiction eg. criminal law, civil actions for compensation for injuries
Federal courts relate to matters nder Commonwealth legislation eg trade practices,federal industrial jurisdiction, family law ases
can matters outside the federal jurisdiction be brought to federal courts? what are they known as?
federal courts can deal with non federal matters these known as ‘accured’ or ‘associated’ jurisdictions
What unites the 9 judicial hierarchies in Australia?
The common law
What is the role of administrative tribunals
abjudicate disputes
make decisions in disputes brought
eg. Australian Industrial Relations Commission
What is the limitation of tribunals?
What is an administrative tribunal that hears disputes?
The Commonwealth Administrative Appeals Tribunal (AAT) established in 1976 hears disputes that the federal jurisdiction allows
How are decisions of administrative tribunals reported?
They are reported in authorised report series as court decisions are
describe hierarchies in administrative tribunals
the hierarchies in administrative tribunals means the decisions in superior tribunals can be apply to tribunals of a lower hierarchy.
Tribunals bound by precedents of courts
