Judicial System Flashcards
What does the doctrine of precedent mean?
Lower courts are required to observe the decisions of higher courts.
Courts of equal status are not bound to follow each other’s decisions
What is the hierarchical order of the courts?
Supreme Court
The Court of Appeal
The High Court
District Court
What is the role of the Supreme Court?
The highest and final court
What is the role of the Court of Appeal?
Hears appeals and answers questions of law from the Courts below it
What is the role of the High Court?
Hears Cat 4 offences, also appeals from District, Youth and Family Courts
What is the role of the District Court?
Hears Cat 1-3 offence and can impose max penalties.
What are Cat 1 offences?
Fine only offences
What are Cat 2 offences?
Offences with a term of less than 2 years imprisonment and community based sentences
What are Cat 3 offences?
Offences with a term of imprisonment of 2 years or more. Defendant has the right to elect trial by jury
What are Cat 4 offences?
Offences which must be tried by a High Court jury
Crime laws are
A wrong against the community
Principle object of proceedings is to punish
Proceeding are taken by the police on behalf of the Crown
Proceeding can only be withdrawn by consent of the court
Tort laws are
A wrong affecting an individual
Principle object is to seek redress/compensation
Proceedings are taken by and for the injured party
The plaintiff may withdraw proceedings at anytime
