THE ROLE OF A COURT HIERARCHY IN CIVIL DISPUTES AOS 2 Flashcards
Purpose of court hierarchy (specialisation)
The court hierarchy also plays a role in civil disputes. It allows the courts to specialise in different matters. Courts develop their expertise in dealing with the types of cases that come before them.
Purple e of court hierarchy (appeals)
The court hierarchy system allows matters to be appealed to higher courts. This means that a party who is not satisfied with the decision in the lower court, and feels the court made an error, can take the case to a higher court on appeal.
Purpose of court hierarchy (doctrine of precedent)
It also enables the higher courts to establish judge-made law that is binding on lower courts. This is known as the doctrine of precedent.
Purpose of court hierarchy (administrative convenience)
Finally, a court hierarchy allows for administrative convenience, because the courts have different jurisdictions to hear different matters. It allows smaller claims (of which there are more) to be heard in the Magistrates’ Court, and more complex and larger claims to be heard in the County Court and the Supreme Court.
4 purposes of court hierarchy
Appeals
Doctrine of precedent
Administrative convenience
Specialisation