L2 - Courts Flashcards
What are the key objectives of the courts?
– Provide remedies for grievances
– Maintain public confidence in the justice system
What are the primary functions of the court in resolving disputes?
– Interpretation and application of the law
– Ensuring justice through fair dispute resolution
– Upholding the rule of law and societal order
What are the core principles of fair and impartial hearings?
– Judges must remain neutral and unbiased
– Equal treatment for all parties
What are the common law principles of fair and impartial hearings?
– Natural justice
– Equality before the law
– Procedural fairness
Define natural justice
– The right to be heard (Audi Alteram Partem)
– Rule against bias (Nemo judex in causa sua)
What is equality before the law?
The idea that no one is above the law; consistent application for all.
What is the rule of law?
Regards legal transparency accountability and consistency.
How do both civil and criminal cases originate at the court?
– Civil: statement of claim or summons
– Criminal: charges filed by prosecution
What are the pre-trial procedures?
– Discovery, mediation and preliminary hearings
– Plea negotiation (summary case conferences) in criminal cases.
What are the trial phases?
– Opening statements, evidence presentation and closing arguments.
– Judge/jury deliberation .
What are the postverdict processes?
Criminal: sentencing, appeals
Civil: judgement enforcement, appeals
What are the differences between civil and criminal jurisdiction?
Civil cases:
– Private disputes (examples: contracts, torts)
– Remedies: compensation, injunctions .
Criminal cases:
– Offences against society (examples: theft, assault)
– Punishments: fines, imprisonment.
What are the standards of proof?
In civil cases, balance of probabilities.
In criminal cases, beyond a reasonable doubt.
What is Latin for doctrine a precedent?
Stare decisis
What is a persuasive precedent?
Decisions by:
– Equal courts in same hierarchy (highly persuasive)
– Superior courts in a different hierarchy (merely persuasive)
What are the key features of the High Court of Australia?
– Supreme appellate court since the Australia act 1986.
– Original and appellate jurisdiction.
– Interprets the Australian Constitution.
– Develops common law consistently across states and territories.
True or false: Victorian Supreme Court of appeal decisions are binding on other state Supreme Courts of appeal.
False, decisions from other state Supreme Courts of appeal are persuasive precedent.
What are the divisions of the Supreme Court?
Divided into commercial, common law and criminal divisions.
What kind of matters does the Supreme Court hear?
Hears interlocutory and urgent matters
What is the jurisdiction of the County Court?
– Hears indictable offences (except treason, murder) and appeals from magistrates Court.
– Civil matters above lower court thresholds.
What is the precedent of the county court?
– Persuasive, not binding on magistrate courts
– Practical challenges due to lack of systematic reporting
What are the functions of the magistrates courts?
– Handles minor criminal case cases, civil disputes, family law, and fines
– Specialist jurisdictions (examples: family violence, victims of crime)
What is the precedent of the magistrates court?
– Decisions are not binding but may be persuasive
– Rarely give fully reasoned decisions
You are researching some decisions for a hearing you are prosecuting in the Magistrates Court. You come across a previous decision on the matter from the Magistrates Court. Is it binding, persuasive or highly persuasive?
Highly persuasive.
