Law Slides 1-4 Flashcards
What does the Federal Circuit Court hear?
the majority of cases involving federal laws e.g.:
- consumer matters
- migration
- child support
What is a Plaintiff?
A person who brings a case against someone else in.
What are the specialised courts?
Courts that are not in the hierarchy and have special jurisdiction i.e. hear cases with specific circumstances.
- children’s court
crimes of 10-18 year olds,
excluding murder, sexual
assault and driving offences
- coroners court
investigates deaths by
unnatural causes and causes of
fires/explosions
- family court of australia
resolves more complex family
law matters e.g. divorce and
division of property
- drug court of nsw
provides long-term solutions for
people with drug addictions
What does the high court hear?
- cases involving the constitution
- disputes between the federal government and a state government
- final court of appeal
What does the federal court hear?
- complex cases regarding:
- bankruptcy
- corporations law
- workplace las
- human rights
- migration
- appeals from the federal circuit
court regarding these matters
What does the court of criminal appeal hear?
Appeals for crimes heard in the district court or supreme court.
What does the court of appeal hear?
Appeals from the supreme court for civil matters.
What does the family court hear?
- complex separation matters
including:
- property
- children - appeals from the federal circuit about family law matters
What does the supreme court hear?
- the most serious indictable
offences e.g. murder - civil cases over $750k
What does the district court hear?
- indictable offences (serious
offences) e.g. armed robbery but
not murder - civil cases from 100k to 750k
- civil and criminal appeals from the
local court - all motor vehicle accident cases
What is a civil case?
A civil case is a case that involves a dispute between people or businesses over money or an injury to personal rights.
What is a criminal case?
A criminal case decides whether a person who has been charged is guilty of a crime or other offence.
What is the committal process?
The commital process occurs before a serious criminal matter is transferred to a higher court, in the local court. Police send the court a ‘brief’ (evidence) to make sure it supports the charges laid, or change the charges.
What does the local court hear?
- summary offences (minor crimes e.g shoplifting)
- committal hearings for indictable offences (serious crimes)
- civil cases involving less than 100k
What are the jurisdictions of law in Australia?
Australia has 2 overlapping jurisdictions of law: state and federal.
What is the aim of a civil case?
A civil case is about compensating the victim or imposing order to protect or restore their rights, instead of punishing the wrongdoer.
List the court personel:
- judge or magistrate
- prosecutor
- accused’s barrister or solicitor
- court officer
- judge’s associate
- witness
- media
- accused
- jury
- public gallery
What are the sources of law in Australia?
- British Common Law
- cases and precedent set by the
court system.
- cases and precedent set by the
- Constitution
- Australian constitution
established at federation
establishes the Australian legal
system.
- Australian constitution
- Statute Law
laws made by parliament (bills are
debated and they become an act
of parliament). - Other
- ATSI Law - indigenous laws into
Australian Laws. - Intenational Laws - UN laws,
influence of laws from other
nations.
- ATSI Law - indigenous laws into
Draw the Court Hierarchy:
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What is common law?
Common law is a collection of legal principles derived from the decisions of judges. When no relevant statute law exists, a judge will use common law principles to resolve a dispute.
What is a doctrine of precedent?
A doctrine of precedent is a judgement that established a point of law.
It serves to provide guidance for similar cases.
Purpose of precedent is to ensure people are treated fairly and law develops coherently.
What are the main ways precedent is developed?
