Systems of Trial Flashcards
Adversarial system of trial
two advocates represent their parties’ positions before an impartial
person, or group of people, usually a judge or jury. They attempt to determine the truth of the case.
Australia and England, among others, use this system. The two parties try to prove their version and disprove the other parties version. They can only present evidence that is relevant to the case, so e.g. criminal record is left out because it isn’t relevant to the particular case that is being heard.
Inquisitorial system of trial
where the court is actively involved in determining the way in which the
competing claims are presented. It is often found in Europe, e.g. Italy and also Japan. The judge has the task of investigating the case before him or her, the judges will conduct the inquiry into the truth of what occurred. All evidence can be presented, even if it isn’t relevant e.g. past employment records,
criminal history.
Common Law
Common law is court made law, judge made law, case law
Precedent
A judgment that is followed is called a precedent and it provides the authority for the legal principle contained in the decision.
Local Court
Deals with minor criminal matters/summary offences and minor civil disputes.
- Also known as a magistrates court
- Civil matters with a monetary value up to $10000 (the money being claimed/disputed)
- Committal hearing
- A limited range of family law matters, eg property settlements and residence orders for children.
- Local court has federal jurisdiction
Coroners Court
- Ensure that unexplained deaths or suspicious deaths, or suspected deaths, fires, explosion are
properly dealt investigated. - It doesn’t decide guilt or innocence, its only an investigation into the areas mentioned above.
They give these findings to the police, and they decide where to take it. - It is a inquisitorial court system, like the courts in Italy.
Children’s Court
- Deals with civil matters related to the care and protection of children and young people.
- Deals with criminal cases involving persons under the age of 18 at the time of the offence, or
under the age of 21 when charged with a crime they committed while under the age of 18. - Appeals go to the district court
District Court of NSW:
Deals with more serious criminal matters, e.g. larceny, manslaughter, sexual assault and large
scale drug importation. But cant deal with murder, treason and piracy.
- Handles civil cases where the amount claimed is between $100001 and $750000
The Supreme Court of NSW
The highest court in the state.
- Deals with the most serious criminal matters and civil cases including large sums of money.
There is no monetary limits on its civil jurisdiction.
- Also deals with the appeals from lower courts
- The criminal jurisdiction over the most serious indictable offences, eg: murder, manslaughter,
murder, kidnapping, major conspiracy, drug related charges and Commonwealth prosecutions
for serious breaches of the corporations law.
- All cases heard before a judge and jury
- There is no monetary limit in civil cases
The Federal Court of Australia
- Deals with civil disputes governed by federal law (except for family law matters), as well as
some summary criminal offences. - Equal to the Supreme court in the states and territories, and the Family Court of Aus and the superior to the Federal Magistrates Court.
The Family Court of Australia
Deals with the most complex family law matters.
- Main function is to rule on cases related to specialised areas in family law, eg divorce, parenting
orders, the division of property and spousal maintenance.
- It can hear appeals from a decision of a federal magistrate or a single family court judge.
The High Court of Australia:
- Highest court in the Australian judicial system
- Deals with appeals from the Federal Court of Aus, the Family Court of Aus, and the state and
territories Supreme Courts. - Also deals with cases concerning the interpretation of the Aus constitution and the constitutional
validity of laws. - Established in 1901 under section 71 of the Australian constitution
Separation of Powers
A doctrine and other checks and balances found in the Aus Constitution.
Separation between the legislative, executive and judiciary bodies to ensure checks and balances.
Division of Powers
Divides up the power between federal gov and the states. Attempts to balance the
law-making power exercised by federal and state governments. Exclusive, residual and concurrent
powers.
