The courts Flashcards
Role of the courts
The main role of the courts is to apply and interpret the meaning of any existing law to resolve disputes that are bought before them. Courts can, however, also make law in certain situations.
when can courts make laws
When the court resolves a dispute in which there is no existing law
When the court resolves a dispute in which there is a law but may require some further interpretation
whats a Precedent
A legal principle or law that must be followed by judges in other courts when a similiar case arises.
court heirachy
The courts in each asutralian state and terrirotry are arranged in a hierachy, meaning they are ranked in order of importance from lowest to highest. This helps the australian court system to operate more effectively
Jurisdiction?
Each court has its own jursidiction depending on the seriousness of the case (authority to hear cases)
what is jursidction divided into
Orignal- when a matter comes before court for a decision the first time
Appelate- when the higher court has the power to hear cases that have been previously tried inthe lower court
jurisdiction of the magistrate court
Hears all sumarry cases and minor civil disputes that involve money under 100 000
jurisdiction of the county court
Hears all indictable offences except murder and murder related cases. And civil disputes involoving unlimited amount of money
Jurisdiction of the supreme court
the supreme court has the power to hear all serious indictable offences but generally hears more murder and murder realted offeces
jurisdiction of the court of appeal
Has the power to hear all appeals from both the county court and the supreme court
High court
has the power to hear many cases, including appeals from any state or terrority, supreme court of appeal and the high court itself.
