Resolution and justice

Question 1

Reasons for the Court Hierarcy

- Doctrine of Precedent

Answer 1

• decisions made in superior courts are binding on inferior courts
• this system provides consistency in that similar cases are treated in a similar manner
• this system would not be possible without a court hierarchy as there would be no superior courts to make precedents for lower courts to follow

Question 2

Reasons for a court hierarchy

- Appeals

Answer 2

• can take the matter to a higher court if there are grounds for appeal
• provides fairness
• if there were no superior courts the system of appeals could not operate, therefore creating unfairness if cases were incorrectly determined by a court

Question 3

Reasons for a court hierarchy

- administrative convenience

Answer 3

• distribution of cases according to their seriousness
• more serious and complex cases heard in the higher courts and take longer to hear
• minor cases heard in lower courts can be heard quickly and less expensively
• delays are reduced in lower courts
• higher courts can more easily manage the allocation of time for the longer more complicated cases

Question 4

Reasons for a court hierarchy

- specialisation

Answer 4

• courts have been able to develop their own areas of expertise
• lower courts are familiar with smaller cases
• higher courts develop expertise in hearing complex cases

Question 5

Original civil jurisdiction of the Magistrates’ Court

Answer 5

Up to $100,000 for all civil matters

all civil claims less than $10,00 are sent to arbitration within the Magistrates’ Court

Question 6

Original Criminal Jurisdiction of the Magistrates’ Court

Answer 6

• Summary offences
• Indictable offences heard summarily
• Committal proceedings
• Bail applications
• Issuing warrants

Question 7

Original Civil Jurisdiction of the County Court

Answer 7

• unlimited (1 judge with an optional jury of 6)

Question 8

Original Criminal Jurisdiction of the County Court

Answer 8

• indictable offences except murder, attempted murder, certain conspiracies and corporate offences
• 1 judge and a jury of 12

Question 9

Original civil jurisdiction of the trial division

Answer 9

• unlimited

- 1 judge with an optional jury of 6

Question 10

Original criminal jurisdiction of the trial division

Answer 10

• most serious indictable offences

- one justice and a jury of 12

Question 11

Original criminal and civil jurisdiction of the court of appeal

Answer 11

No original jurisdiction

Question 12

Summary offences

Answer 12

Minor criminal offences such as traffic offences, drunk and disorderly and minor assault

Question 13

Indictable offences heard summarily

Answer 13

• More serious criminal offences which have the right to be tried before a judge and jury of 12 in either the County or Supreme Court
• With the consent of the accused, some indictable offences can be heard summarily by a Magistrate
• includes drug offences, robbery, burglary and handling stolen goods

Question 14

Committal proceeding

Answer 14

held in the Magistrates court to determine if there is enough evidence against the accused to gain a conviction in a higher court
- that is to establish a prima facie case against the accused

Question 15

Bail applications

Answer 15

• when an accused has beenp taken into custody and charged by the police, the Magistrates’ Court has the power to hear bail applications
• if the bail application is unsuccessful, the Magistrate will order the offender to be held in remand
• if bail is granted, then the accused is released on conditions until the date of trial

Question 16

Issuing warrants

Answer 16

A warrant is a legal document used by the court to authorise a particular act such as search, seizure and arrest