State Court Hierarchy Flashcards
What are the three state court systems?
- The state and territory superior courts
- The state intermediate courts
- The state lower courts
Who hears and decides cases in a lower court?
A magistrate
What is a committal/preliminary hearing?
When a magistrate will listen to a case involving an indictable offence to determine if the evidence against the defendant is strong enough to warrant a trial in a higher court.
(This is called establishing a prima facie case)
What does the Local/Magistrate’s court deal with?
Minor criminal matters and minor civil disputes
What does the Children’s court deal with?
Criminal and civil matters concerning young people under 18
What courts come under the label of ‘state lower courts’?
- The local court
- The coroner’s court
- The children’s court
- The land and environment court
What is a coronial inquest
An investigation into a death that has occurred in unusual circumstances. If foul play is confirmed to have been committed, the case is handed to a higher court.
The State Intermediate Court is also known as….
The District Court
What does the District Court deal with?
Serious criminal matters such as manslaughter, sexual assault, offences relating to fraud and robbery, large scale drug importation, and civil matters where the amount is below $750,000.
What courts come under the label of ‘state and territory superior courts’
- Supreme court
- Court of Appeal & Criminal Appeal
What courts come under the label of ‘state and territory superior courts’
- Supreme Court
- Court of Appeal & Criminal Appeal
What does the Supreme Court deal with?
Murder, attempted murder, kidnapping, major conspiracy, profession negligence, defamation and major breaches of corporations law