Unit 3 AOS 2 Civil law - 3.2.4 Reasons for a court Hiearchy Flashcards
2 Reasons for a Court Hiearchy
Appeals
Administrative convenience
Explain Appeals
Appeals are the process where a dissatisifed party seeks to have their case reviewed by a higher court
They ensure mistakes can be created and fairness is upheld
Grounds for appeals
Point of law
Point of fact
Remedy
Permission for appeals
Appeals need to be granted permission and can be rejected if deemed unnecessary or there isn’t sufficent prospects of success.
Streamlines the process by reducing cost and time spent on unnecessary appeals
Why is a court hiearchy neccessary for appeals?
Without a court hiearhcy, there would be no higher authority to review cases or correct mistakes
Explain Administrative convenience
Refers to the systamatic and efficient distribution of civil claims to their appropriate courts based off seriousness, complexity and monetary amount
Why is a court hiearchy necessary for administrative convenience?
The divisions of courts allows for a more effective and organized mangament of cases
Each level of court is properly equipped with the appropriate judical resources
Administrative convenience based off monetary distribution
Cases <$10,000 are sent to arbitration
Magistrates court hears claims up to $100,000
Courty and Supreme court can hear cases with an unlimited claim amount
Administrative convenience based off complexity/seriousness
Magistrates hear lower claims
Class actions are only heard in the Supreme Court TD
Commerical disputes are usually heard in the Supreme Court TD
Personal injury claims heard in the courty court
Evaluate the court hiearchy: Fairness
What: The court hiearhcy upholds fairness
How: Ensures matters are dealt with skilled judges/magistrates
Why: Heard by fully knowledgable judical resources, tailored outcomes, fair trial
Evaluate the Court Hiearchy: Fairness (however)
However: Restricted avenue of appeals due to permission and rejection
Cannot always ensure people can openly participate
Reduces fairness
Evalute the Court Hiearchy: Equality
What: Consistent framework provides equality
How: Same opportunities within the court hiearhcy regardless of background, resources or other circumstances
Why: All parties are on the same level, more equitable outcome
Evalute the Court Hiearchy: Equality (however)
Disparities may arise if individuals cannot afford adequate legal resources
Find it difficult to navigate complex processes of court hiearhcy
Not equal
Evalute the Court Hiearchy: Access
What: Enhances access
How: Greater spread of courts across different loactions
Courts suit more peoples geographical locations
Why: People have greater access to the courts and its resources
Evalute the Court Hiearchy: Access (however)
Complexity and increased costs can prevent people from engaging on an informed basis
Reduces access
Weakness of Appeals
Appeals can be rejected, limits the opportunites for mistakes to be corrected
Increases delays and costs and potentially delays justice
Weakness of Administrative Convenience
The use of multiple administrations can increase costs
Confusion may arise as to which court is required
