Legal And Judicial System Flashcards
What does the doctrine of precedent mean?
Requires lower courts to observe the decisions of higher courts when adjudicating.
Not bound to follow the decisions of judges of equal status but usually will to prevent the law becoming uncertain.
What is the hierarchical order of the courts?
Supreme Court
Court of appeal
High court
District court
What is the major difference between the 2 divisions of law?
Criminal law deals with imprisonable and fine only offences.
Civil law deals with the protection of individual rights. Breaches of the rules are called torts.
What are the roles of the individual courts?
District - power to deal with category 1 and 2 offences. Also category 3 offences that have penalties of 2 years imprisonment or more where the defendant has elected trial by jury.
High - high court judge accompanied by a jury of 12. Handles category 4 offences. Sometimes 2 and 3 offences if the high court orders that it should be transferee to them. Can prescribe maximum penalties. Hears appeals from district, youth and family courts.
Court of appeal - presides over by a bench of judges. Hears appeals from the high court and district court.
Supreme Court - highest and final appeal court in the nz judicial system. 4 most senior judges in nz. Hears appeals from court of appeal.
4 categories of offences?
Category 1 - fine only.
Category 2 - imprisonable for less than 2 years or a communities based sentence.
Category 3 - imprisonable for 2 years or more with right to elect trial by jury. Some offences, regardless of election, will always be prosecuted by the crown.
Category 4 - offences that must be heard in high court. Most serious.
2 types of consequences for breaking the law
Punitive - punish the wrongdoer.
Compensatory - object is to compensate or make good on any loss.
