Legal/Judical/Court

Question 1

What is the hierarchical order of courts within the judicial system of NZ (lowest to highest)

Answer 1

District court, high court, court of appeal, Supreme Court.

Question 2

What does the doctrine of precedent mean?

Answer 2

Lower courts are bound by decisions reached in a higher court but courts equal in the hierarchical system are not bound to follow other decisions.

Question 3

What are the roles of the individual courts?

Answer 3

District court - deals with category 1, 2 & 3.
High court - handles category 4 & sometimes 2 & 3. Accompanied by a jury.
Court of appeal - hears appeals from the above two courts
Supreme Court - highest & final appeal court, hears from court of appeal.

Question 4

What is a category 1 offence?

Answer 4

Fines only

Question 5

What is a category 2 offence?

Answer 5

Imprisonments less than 2 years & community based sentences or fines.

Question 6

What is a category 3 offence?

Answer 6

Imprisonment for 2+ years with the right to be elected by a judge and jury.

Question 7

What is a category 4 offence?

Answer 7

Most serious under Crimes Act 1961 eg murder, life imprisonment.

Question 8

Appeals in criminal cases are made to which courts?

Answer 8

High court, court of appeal & Supreme Court.

Question 9

Define election

Answer 9

Where the defendant is charged with category 3 offence, the defendant is given an election that is a choice.

Question 10

Define remanded

Answer 10

The matter is set down for another date but the defendant is remanded on bail with terms or remanded in custody.

Question 11

Define adjournment

Answer 11

The matter is set down for another date where the defendant is expected to be there

Question 12

Define convicted

Answer 12

Entered in the courts records with the outcome of the case

Question 13

Explain the function of the high court?

Answer 13

Presided over by a high court judge accompanied by a jury of 12 adults.
Handles category 4 offences & sometimes 2&3 if the High court orders that proceeding to be transferred to that court.

Penalties can be the maximum as prescribed for the offence commuter.

Hears appeals from district. Appeals from this district are heard by the court of appeal.

Question 14

What process occurs when a non-guilty plea is entered in the district court

Answer 14

Enters into the CMM (case management memorandum)