Prep A - The Legal and Judicial System Flashcards
The divisions within New Zealand law are listed and explained, the meaning of the term "Sanction of the Law" is explained, the difference between a 'crime' and a 'tort' is explained, the hierarchy of the courts in New Zealand judicial system is outlined, the 'Appeal' system available to parties involved in court proceedings is explained, the four categories of offences are identified.
What is the hierarchical order of the courts within the judicial system of New Zealand from the lowest to the highest?
District Court, High Court, Court of Appeals, Supreme Court.
What does the doctrine of precedent mean?
Means that lower courts are bound to observe the decisions of higher ones, but courts of equal status are not bound to follow each other.
What is the role of the Supreme Court?
To hear and decide on cases appealing from the Court of Appeals.
What is the role of the Court of Appeals?
To hear and decide on cases appealing from the High Court (and some from the District Court). Appeals go to the Supreme Court.
What is the role of the High Court?
To hear and decide on Category 4 offences. Appeals go to Court of Appeals. Hears appeals from District Court (Judge-alone) and youth and family courts.
What is the role of the District Court?
Hears and decides on Cat 1, 2, and some 3 offences. Appeals go to the High Court or Court of Appeals.
Define a Category 1 offence.
An offence that carries a penalty of a fine only.
Define a Category 2 offence.
An offence that carries a prison term of less than two years, or a fine or community-based sentence, or a combination of the latter two.
Define a Category 3 offence.
An offence that carries a prison term of more than two years, with the right to elect trial by jury.
Define a Category 4 offence.
An offence that must be tried in the High Court.
