4.4 Australia's Court System

Question 1

IDENTIFY the relationship between the seriousness of an offense and the court it is heard in

Answer 1

The more serious the offense, the higher the court that hears it, and vice versa

Question 2

DEFINE hierarchy

Answer 2

A grading system based on order of importance

Question 3

IDENTIFY why each court becomes ‘expert’ in dealing with particular areas of law

Answer 3

Because each court deals with matters over which it has jurisdiction or authority, they become expert in dealing with that particular area of law.

Question 4

IDENTIFY what types of civil cases will be heard by the high court

Answer 4

cases that will affect many people or involve large sums of money

Question 5

IDENTIFY what types of criminal cases will be heard by the high court

Answer 5

cases involving the most serious crimes, for example murder, attempted murder and manslaughter

Question 6

Define appeal

Answer 6

An application for a legal decision to be reviewed in a higher court

Question 7

OUTLINE what an individual can do if they are unhappy with the ruling of a lower court

Answer 7

the can appeal the decision and have their case reviewed in a higher court

Question 8

IDENTIFY an issue with trials

Answer 8

Trials cost money, and get more expensive if the trial is held in a court that his higher up the hierarchy

Question 9

IDENTIFY what happens if you break a rule in school

Answer 9

Either your classroom teacher, year co-ordinator, deputy principle or principle will decide your ‘guilt’ and ‘punishment’, depending on the seriousness of what you did

Question 10

DEFINE trial

Answer 10

a hearing in a court meant to determine whether someone committed a criminal act

Question 11

IDENTIFY the 4 Main courts

Answer 11

High Court
Supreme Court
District Court
Local Court

Question 12

IDENTIFY the Specialised Courts

Answer 12

Children’s Court
Family Court
Coroners Court
Drug Court

Question 13

IDENTIFY the approximate number of local courts in NSW

Answer 13

more than 160 local courts in NSW

Question 14

IDENTIFY the percentage of cases begin in the local court

Answer 14

All criminal cases, and 90% of civil cases

Question 15

OUTLINE the powers of magistrates

Answer 15

Deals with minor civil disputes and summary offences

Hears cases, decides the verdict and sets the punishment

Can give up to 2 years imprisonment for each offence, or a maximum of 5 years.

Presides over committal hearings dealing with indictable offences to decide if there enough evidence for the case to go to trial in a higher court

Magistrate hears bail applications, issues arrest warrants and search warrants, hears applications for AVOs

Question 16

IDENTIFY what kind of civil disputes are heard in the local court

Answer 16

Minor civil disputes (Eg. suing for property damage or injury claims) of up to $100 000

Question 17

DEFINE a summary offence with examples

Answer 17

Minor criminal matters

Eg. stealing, drink-driving, assault, possession of drugs, indecent language

Question 18

IDENTIFY which court hears summary offences

Answer 18

Local court

Question 19

IDENTIFY what AVO stands for

Answer 19

Apprehended Violence Orders

Question 20

IDENTIFY where district courts are located

Answer 20

in Sydney and large regional centres

Question 21

IDENTIFY who hears cases in a district court

Answer 21

a judge hears the case, and sometimes a jury will decide whether the accused is guilty or not, but a judge will always decide the sentence

Question 22

IDENTIFY what kind of civil cases are heard in the district court

Answer 22

Claims for over $100 000 up to $750 000
and all motor vehicle accident cases

Question 23

IDENTIFY what kind of criminal cases are heard in a district court

Answer 23

serious criminal matters such as armed robbery and manslaughter

Question 24

IDENTIFY which is the highest court in NSW

Answer 24

Supreme Court

Question 25

IDENTIFY some examples of what kind of cases are heard in the supreme court

Answer 25

Criminal cases including murder, treason, serious sexual assault. Civil cases involving more than $750 000 Appeals from lower courts

Question 26

IDENTIFY who is the leader of the supreme court

Answer 26

Chief Justice

Question 27

IDENTIFY where the supreme court is located

Answer 27

Sydney

Question 28

IDENTIFY what are the powers of the High Court

Answer 28

Hears appeals from lower courts Hears cases concerning the interpretation of the constitution, and so can create laws that affect the power of the parliaments The High court is the highest court in Australia, so their decisions are final

Question 29

IDENTIFY who makes the decisions in the high court

Answer 29

No jury, a panel of 3-7 judges

Question 30

OUTLINE the children's court

Answer 30

deals with cases involving the care and protection of children and young people deals with criminal cases that were committed when the accused was under the age of 18 closed to the public and media

Question 31

OUTLINE the coroners court

Answer 31

Special local court that investigates deaths by un-natural causes in order to identify the deceased, and the date, place, circumstance and medical cause of death. Coroners also investigate the cause and origin of fires and explosions

Question 32

OUTLINE the family court

Answer 32

assists Australians to resolve more complex family law patters such as divorce, parenting disputes, and the division of property when couples separate. In Australia, the only grounds needed for a divorce is that the marriage has irretrievably broken down

Question 33

OUTLINE the Drug Court of NSW

Answer 33

tries to provide long-term solutions for offenders who have been caught in the cycle of drug use and crime by encouraging that person to get clean, gain employment, and reduce need to commit crimes to support drug habit first stage involves assessment and detoxification, when a personal plan is made to cater for the individuals needs to help ensure a successful completion of the program