TOPIC 6: THE HIERARCHY AND JURISDICTION OF THE ORDINARY COURTS

Question 1

Ordinary Court Structure

Answer 1

Refers to how the ordinary courts are organized and structured using the top three tiers:

1. Appellate
2. Superior
3. Inferior

Question 2

General rule

Answer 2

As a general rule, the more important the legal dispute the higher in the court structure it will appear at first instance, that is the first time a court considers a matter.

Question 3

Superior court:
Functions
Jurisdictions

Answer 3

Called superior courts they’re superior to other courts and tribunals. In practice these courts are often called High Courts -
a.k.a principle court due to its wide jurisdiction

Function:

• jurisidiction covers both criminal and civil matters.
• Usually just one such court, although there may be two or more divisions with specialization in personnel and subject matter.

Jurisdiction:
General jurisdiction
Unlimited jurisdiction 
First instance 
Appellate jurisdiction 
Concurrent jurisdiction
Exclusive jurisdiction

Question 4

Inferior Court
Functions
Personnel
Jurisdictions

Answer 4

Also called ‘subordinate courts’ or ‘lower courts’, sits below superior and appellate courts. There is typically more than one court, often distributed geographically across the jurisdiction. (PNG: DISTRICT AND LOCAL COURTS)

Personnel:
Magistrates

Function:
Their authority is limited; their main purpose is to hear minor civil and criminal proceedings

Jurisdiction:
General
Summary
Limited

Question 5

Appellate courts

Answer 5

. They hear appeals, primarily from the superior courts. Some hear other matters as well. Their decisions are binding on all other courts.

There is usually only one, some countries in the region have two appellate courts. Reflecting the colonial past, as well as their small size and limited judiciary, in two countries, appeals are to be determined by the appellate court of another country.

Personnel: Jurisdiction is exercised by different collections of the court’s judges. As with the superior courts, individuals must have considerable legal qualifications and experience to be appointed to that position. Expatriate judges are also common.

Question 6

Special Courts

Answer 6

special courts are set up to hear matters too specialized nature to be dealt with by them. Most commonly, there are special courts for land disputes, especially claims to customary land. These vary significantly. Such matters may be decided by ordinary courts, specially-constituted courts, and quasi-judicial tribunals.

Similarly, appeals from decisions at first instance about customary land are also often determined by a special land appellate court or by a specially constituted High Court.

Question 7

Jurisdiction

Answer 7

Jurisdiction, the court’s power to speak the law decisively, comes in many, often overlapping, forms

Question 8

General jurisdiction

Answer 8

signifies that a court has authority to hear civil, criminal and other causes that ‘normal’ courts hear, rather than particular or specialized causes or matters. All superior courts are courts of general jurisdiction, though inferior courts may be as well

Question 9

Ordinary jurisdiction

Answer 9

Ordinary jurisdiction describes the typical authority that a particular court possesses, the matters it ordinarily hears. This authority is often implicit in the court, though it may also be specified by legislation. Courts may also possess additional special jurisdiction, beyond its ordinary authority.

Question 10

Unlimited jurisdiction:

re: Superior and Appellate Court

Answer 10

unlimited jurisdiction means that a court may hear a legal dispute concerning any matter or cause irrespective of its subject, the geographical area in which it arose, or the identity of the parties
This is vested only in some superior courts, often in conjunction with its original jurisdiction or jurisdiction at first instance.

Question 11

Limited Jurisdiction:

These limitations often apply to inferior and special courts.

Answer 11

Indeed, limited jurisdiction restricts a court’s authority based on specific factors, eg:

• the identity of the parties involved
• subject matter of the dispute (subject matter jurisdiction)
• geographical area where the dispute arose (territorial jurisdiction)
• the monetary value of the claim in civil cases
• the maximum penalty that may be imposed by the court in criminal cases

These limitations often apply to inferior and special courts.

Question 12

Exclusive: re High Court (Judicial review) and Special Courts

Answer 12

Exclusive jurisdiction reflects the fact that some courts have certain powers reserved to them. This is most common with superior and special courts, but can be conferred on appellate courts as well (eg, constitutional jurisdiction)

Question 13

Concurrent jurisdiction

Answer 13

Concurrent jurisdiction refers to the situation where two or more courts or tribunals may hear the case (though not at the same time). This usually occurs in relation to first instance jurisdiction, so in practice involves trial courts at the inferior and superior levels. Where dual or multiple branches exist, it may involve courts.

Question 14

Summary jurisdiction: re Magistrates court

Answer 14

First instance jurisdiction in the inferior courts is also often summary jurisdiction. That is, it takes the form of less formal, short or concise, proceedings for relatively minor matters; these do not involve juries, require indictments, or required other complicated formalities.

Question 15

Appellate jurisdiction: Court of Appeal, High Court

Answer 15

Appellate jurisdiction refers to the power of a court to hear an appeal from a case previously decided by another court or tribunal, usually of a lower stature. This authority is typically reserved for the superior and appellate courts and limited to questions of law, rather than fact. Laws identify the conditions under which appeals are made (ie, by right, leave, or permission of the courts) and the court’s powers to dispose of such cases.

Question 16

Judicial Review

Answer 16

They may set such decisions aside where they are outside the jurisdiction of the subordinate court, based upon a substantial error of law or upon fraud, or even made in breach of the principles of natural justice. When an application for judicial review succeeds, the higher court is empowered to grant a variety of orders to prohibit or set aside the decision. It may even order payment of damages. This is slightly different from the appeal and statutory revision of superior courts. It is an exclusive right of the superior courts.

Question 17

Declaratory judgement (re: appellate and superior courts)

Answer 17

A declaratory judgment states the court’s opinion on a question of law or declares the rights of the parties, without normally including any provision for enforcement.

A.K.A ‘case stated’ because when a court is hearing a matter and comes across a difficult question of law, it may adjourn the proceedings and refer – or state – the question to a higher court with this jurisdiction.

The advice or interpretation subsequently given by the higher court will then be used by the former court to dispose of the case. This jurisdiction is usually vested in appellate and superior courts.

Question 18

statutory revision

Answer 18

Statutory revision is jurisdiction conferred by legislation on higher courts to supervise and review or revise decisions of lower courts; it doesn’t mean that courts can ‘revise statutes’. This is quite distinct from the appeal and judicial review jurisdictions of courts. The power is sometimes conferred on appellate and higher subordinate courts, but is more commonly the domain of the superior courts. A defining feature of this jurisdiction is that courts vested with it have the authority to revise decisions of other courts of their own accord without waiting for an application to be lodged by any person. They can do so on the basis of similar grounds for appeals or judicial review or where miscarriage of justice is suspected.