Law Slides 1-4

Question 1

What does the Federal Circuit Court hear?

Answer 1

the majority of cases involving federal laws e.g.:
- consumer matters
- migration
- child support

Question 2

What is a Plaintiff?

Answer 2

A person who brings a case against someone else in.

Question 3

What are the specialised courts?

Answer 3

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

Question 4

What does the high court hear?

Answer 4

• cases involving the constitution
• disputes between the federal government and a state government
• final court of appeal

Question 5

What does the federal court hear?

Answer 5

• complex cases regarding:
  
  • bankruptcy
  • corporations law
  • workplace las
  • human rights
  • migration
• appeals from the federal circuit
  court regarding these matters

Question 6

What does the court of criminal appeal hear?

Answer 6

Appeals for crimes heard in the district court or supreme court.

Question 7

What does the court of appeal hear?

Answer 7

Appeals from the supreme court for civil matters.

Question 8

What does the family court hear?

Answer 8

• complex separation matters
  including:
  - property
  - children
• appeals from the federal circuit about family law matters

Question 9

What does the supreme court hear?

Answer 9

• the most serious indictable
  offences e.g. murder
• civil cases over $750k

Question 10

What does the district court hear?

Answer 10

• 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

Question 11

What is a civil case?

Answer 11

A civil case is a case that involves a dispute between people or businesses over money or an injury to personal rights.

Question 12

What is a criminal case?

Answer 12

A criminal case decides whether a person who has been charged is guilty of a crime or other offence.

Question 13

What is the committal process?

Answer 13

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.

Question 14

What does the local court hear?

Answer 14

• summary offences (minor crimes e.g shoplifting)
• committal hearings for indictable offences (serious crimes)
• civil cases involving less than 100k

Question 15

What are the jurisdictions of law in Australia?

Answer 15

Australia has 2 overlapping jurisdictions of law: state and federal.

Question 16

What is the aim of a civil case?

Answer 16

A civil case is about compensating the victim or imposing order to protect or restore their rights, instead of punishing the wrongdoer.

Question 17

List the court personel:

Answer 17

1. judge or magistrate
2. prosecutor
3. accused’s barrister or solicitor
4. court officer
5. judge’s associate
6. witness
7. media
8. accused
9. jury
10. public gallery

Question 18

What are the sources of law in Australia?

Answer 18

• British Common Law
  
  • cases and precedent set by the
    court system.
• Constitution
  
  • Australian constitution
    established at federation
    establishes the Australian legal
    system.
• 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.

Question 19

Draw the Court Hierarchy:

Answer 19

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Question 20

What is common law?

Answer 20

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.

Question 21

What is a doctrine of precedent?

Answer 21

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.

Question 22

What are the main ways precedent is developed?