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Flashcards in Court Hierarchy Deck (29)
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1
Q

Appellate jurisdiction

A

Is the power of court to review decisions and change decisions in lower courts

2
Q

Original jurisdiction

A

Is the power of court to hear a case for the first time as opposed to appellate

3
Q

Mediation

A

Aims at assisting parties in exchanging information, ideas and alternatives. The mediator takes on a neutral role to help reach a decision this decision is not enforceable and legally binding to the court

4
Q

Conciliation

A

Make suggestions about the dispute is actively involved with the agreement and is not enforceable or legally binding to the court

5
Q

Arbitration

A

Makes decisions in favor of one party is legally binding takes in claims under $10,000 and is conducted in a similar way to court

6
Q

Judicial determination

A

Decisions made by judicial officers either magistrate or judge is conducted in a similar way as courts and is legally binding and enforceable

7
Q

Pretrial procedures

A

Letter of demand, writ,notice of appearance,pleadings, discovery process, directions hearing, certificate of readiness

8
Q

Letter of demand

A

Plaintiff gaining resolution before court the letter of demand is written by the solicitor sent to the defendant outlining the plaintiffs demands and given 14 days to meet the demands

9
Q

Writ

A

Explains actions being taken against defendant address of both the plaintiff and the defendant and served to the defendant

10
Q

Notice of appearance

A

Written by the defendant stating the defendant wishes to defend the matter

11
Q

Pleadings

A

Statement of claim: Accompanies the writ discussing the outcome sought by the plaintiff
Defense: defense towards plaintiffs statement of claim
Counterclaim: is the defendants claim against the plaintiff stating the plaintiff is partly at fault

12
Q

Discovery process

A

This allows potties to find for the information it includes Interrogatories. Which is a list of questions about the case which potties ask each other, notices discovery where One party may ask the other party to disclose relevant documents, oral and medical examination with one Party may ask the other party to undergo an examination

13
Q

Directions hearing

A

This is when the call is involved in pretrial stages and may give parties Direction to conduct The trial in an effective and timely manner

14
Q

Civil remedies

A

Damages, Comppemsatory, Nominal, exemplary, contemptuous, injunction, specific performance, rescission

15
Q

Damages

A

Permanent damage caused when the wronged May I ask for sum of money as compensation

16
Q

Compensatory

A

Special: compass items including wage, Hospital cost and medical expenses.
General: compensates for pain and suffering a suitable amount is given

17
Q

Nominal

A

Awarded by the court if the defendant has breached the plaintiffs rights however no loss or injury is caused

18
Q

Exemplary [punitive]

A

When the court believes the defendant acted in a negligent way the court wishes to defer from other

19
Q

Contemptuous

A

The plaintiff has a valid claim but the court is not sympathetic the plaintiff wins but makes a mockery of the situation.

20
Q

Injunction

A

Restrictive: stopping someone from doing something
Mandatory: making someone do something

21
Q

Specific performance

A

Compel someone to complete that part of the contract

22
Q

Rescission

A

When one party breaches part of the contract the other party may be released from the contract

23
Q

Difficulties when resolving civil disputes

A

Ignorance of law and legal assistant: different cultures can be ignorant to legal systems
Language: legal language on contracts can mean ignorance and lack of understanding to what a person is signing
Access to professional representation: when someone is intimidated by lawyers, Uncomfortable explaining their problems, may not have money.

24
Q

Appeals

A
Magistrate and VCAT: trial division
County Court: Court of Appeal
Supreme court: Court of Appeal
Court of appeal: High Court
Family and children court: Haeckel out
25
Q

Court hierarchy- magistrate

A

Magistrate: claims up to 100,000 go to magistrate. They have no appellate jurisdiction.

26
Q

Court hierarchy – County court

A

Claims up to 200,000. They choose their cases. They have no appellate jurisdiction.

27
Q

Court hierarchy – Supreme Court

A

Choose their cases, have no appellate jurisdiction trial division and Court of Appeal are part of Supreme Court

28
Q

Court hierarchy – High court

A

Final court appeal, no appellate jurisdiction as they are federal court

29
Q

Role of the court hierarchy

A
  • it allows Courts to develop expertise.
  • it provides a more efficient use of resources
  • it is essential to operation of precedent
  • it allows appeals