court structure (1 Viewer)

[want2beSMART]

can someone come up with a really elite definition for "court structure"?

i dont understand how it is a topic of crime however a definition is not given

 

[goan_crazy]

My Court Structure notes

i copied and pasted my notes on the court structure
it came out a bit retarded but u get the point yea
hope it helps
THE COURT STRUCTURE:
• Each court has its own: jurisdiction, procedure, level of formality
• JUSRISDITCTION :the extent of a court’s power/authority
• disputes referred according to:
1) Severity 2) Amount of money involved
• characteristics of a criminal case:
- case = prosecution
- sanction (punishment) imposed
- prosecution v defendant
- standard of proof: beyond reasonable doubt
- burden of proof: with the prosecution (the State, “the people”)
THE LOCAL COURT: (from Local Court Act 1982 NSW)
• magistrate
• summary offences and certain indictable ones (being heard summarily)
• COMMITTAL HEARINGS: establishes whether a prima facie case exists, it does 85% of the time

CHILDRENS COURT: (est. 1905, Children’s Court Act 1987 NSW)
• when < 18 (or <21 if offence committed when <18)
• some exceptions: homicide, serious sexual offences etc
• closed court
• aim for rehabilitation: Young Offenders Act 1997 NSW provides alternative methods of dispute resolution. Detention centre is a last resort

CORONERS COURT:
• has a magistrate (called a coroner)
• looks into deaths when:
- suspicious
- caused by violence
• looks into fires that damage property

DISTRICT COURT: (District Court Act 1975 NSW)
• Original jurisdiction: handles indictable offences (excl. murder, treason etc)
• judge
• appellate jurisdiction from some Local Court matters

SUPREME COURT:
• Chief Justice and junior judges
• Original jurisdiction: most serious crimes (E.g. murder, treason)
• Wide appellate jurisdiction

THE HIGH COURT:
• highest court of appeal in Australia (mainly from the Federal Court and State Supreme courts)
• leave of appeal must first be granted

 

[want2beSMART]

thanks, wow elite notes

 

[goan_crazy]

The court structure-criminal law

Heres a diagram i made for the flowchart

 

[want2beSMART]

yeah thanks man...

yeah i have it in the excel book too

thanks again

 

[paper cup]

i copied and pasted my notes on the court structure
it came out a bit retarded but u get the point yea
hope it helps
THE COURT STRUCTURE:
• Each court has its own: jurisdiction, procedure, level of formality
• JUSRISDITCTION :the extent of a court’s power/authority
• disputes referred according to:
1) Severity 2) Amount of money involved
• characteristics of a criminal case:
- case = prosecution
- sanction (punishment) imposed
- prosecution v defendant
- standard of proof: beyond reasonable doubt
- burden of proof: with the prosecution (the State, “the people”)
THE LOCAL COURT: (from Local Court Act 1982 NSW)
• magistrate
• summary offences and certain indictable ones (being heard summarily)
• COMMITTAL HEARINGS: establishes whether a prima facie case exists, it does 85% of the time

CHILDRENS COURT: (est. 1905, Children’s Court Act 1987 NSW)
• when < 18 (or <21 if offence committed when <18)
• some exceptions: homicide, serious sexual offences etc
• closed court
• aim for rehabilitation: Young Offenders Act 1997 NSW provides alternative methods of dispute resolution. Detention centre is a last resort

CORONERS COURT:
• has a magistrate (called a coroner)
• looks into deaths when:
- suspicious
- caused by violence
• looks into fires that damage property

DISTRICT COURT: (District Court Act 1975 NSW)
• Original jurisdiction: handles indictable offences (excl. murder, treason etc)
• judge
• appellate jurisdiction from some Local Court matters

SUPREME COURT:
• Chief Justice and junior judges
• Original jurisdiction: most serious crimes (E.g. murder, treason)
• Wide appellate jurisdiction

THE HIGH COURT:
• highest court of appeal in Australia (mainly from the Federal Court and State Supreme courts)
• leave of appeal must first be granted

it's part of the prelim course I think. first or second topic

 

[santaslayer]

Heres a diagram i made for the flowchart

What about the Land and Enviroment Court?

The Land and Environment Court is on the same level as the Supreme Court and the Drug Court is on the same level as the District court.

 

[Jonathan A]

You have also got in the Court of Appeal, Justices of Appeal, led by the President.

 

[want2beSMART]

what president?

 

[goan_crazy]

Sorry guys, i cant b perfect
i mentioned every court we need to know just for the court heirachy in crime topic
other courts mentioned arent on the syllabus...
this is the court heirachy we need 2 know

 

[want2beSMART]

lol so who wants a crack at the WHOLE court hierarchy?

haha joe seems like 1 is not enough eh?

 

[Jonathan A]

what president?

The Supreme Court Act sets out that the court should have a Chief Justice and Justices. When you refer to a judge, you refer to them as Santo J (for Justice Santo), and Spigelman CJ (for Chief Justice Spigelman). The Act also establishes an appellate court (Court of Appeal). The judges here are "Justices of Appeal", hence Howie JA (for Justice Howie) and a president is like the Chief Justice of the Appeal Court, hence Handley P (signifies President of the appeal).

 

[Jonathan A]

lol so who wants a crack at the WHOLE court hierarchy?

haha joe seems like 1 is not enough eh?

It's hard to draw. Gimme a couple of minutes.

 

[Jonathan A]

Here is a rough outline of the hierarchy.

Do note about the Federal Court - this is to do with the Doctrine of Precedent:

A Federal Court (whether Full Court or Single Judge) is not bound by the decisions of a single High Court judge. Furthermore the High Court has its own hierarchical structure, that is 5 High Court judges do not need to follow the decision of a precedent set by 3 High Court judges.

 

[want2beSMART]

The Supreme Court Act sets out that the court should have a Chief Justice and Justices. When you refer to a judge, you refer to them as Santo J (for Justice Santo), and Spigelman CJ (for Chief Justice Spigelman). The Act also establishes an appellate court (Court of Appeal). The judges here are "Justices of Appeal", hence Howie JA (for Justice Howie) and a president is like the Chief Justice of the Appeal Court, hence Handley P (signifies President of the appeal).

goshh how do you know all this? ive never heard of it

 

[want2beSMART]

Here is a rough outline of the hierarchy.

Do note about the Federal Court - this is to do with the Doctrine of Precedent:

A Federal Court (whether Full Court or Single Judge) is not bound by the decisions of a single High Court judge. Furthermore the High Court has its own hierarchical structure, that is 5 High Court judges do not need to follow the decision of a precedent set by 3 High Court judges.

hmm could you explain the different colour codes? the absence of arrows makes the diagram a bit hard to follow

 

[santaslayer]

Here is a rough outline of the hierarchy.

Do note about the Federal Court - this is to do with the Doctrine of Precedent:

A Federal Court (whether Full Court or Single Judge) is not bound by the decisions of a single High Court judge. Furthermore the High Court has its own hierarchical structure, that is 5 High Court judges do not need to follow the decision of a precedent set by 3 High Court judges.

What a nerd.

 

[want2beSMART]

haha i'd have to agree with you on that

jonathan, is that all off by knowledge or did you copy it from somewhere?

 

[Jonathan A]

goshh how do you know all this? ive never heard of it

It's hidden away in the uni law books.

 

[want2beSMART]

It's hidden away in the uni law books.

o0o0o0o sexyy