Court roles and processes Flashcards

(7 cards)

1
Q

court hierarchy and the role it plays

A

different courts are arranged based on jurisdiction and authority.
Lower courts- (magistrates court) handle less serious crimes with limited jurisdiction
Intermediate courts- (district/county courts) hear more serious matters
Supreme court- highest court at state level and hears the most complex/serious cases
Federal courts- handles cases involving federal laws and are distinct from state courts
Federal court of Australia is a superior court, and the High court of Australia is the final court of appeal

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2
Q

what is an appeal

A

if a party is dissatisfied with a lower courts decision, they can appeal to a higher court in the hierarchy

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3
Q

what is doctrine of precedent

A

decisions made by higher courts serve as precedents for lower courts, meaning lower courts have to follow the rulings of higher courts for similar cases

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4
Q

what is the role of the jury

A

they have the responsibility for determining facts, as well as applying the law to reach a verdict, meaning they make the decision on whether the accused is guilty or not

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5
Q

what is the role of the judge

A

they ensure the trial is fair, interprets the law, gives directions to juries, and hands down the sentence if the accused is found guilty. They also preside over trials in higher courts (supreme courts)

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6
Q

what is the role of the magistrate

A

they handle less serious crimes in the magistrates court, and decides guilt

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7
Q

what is the role of prosecutors

A

they represent the state in criminal matters, they present evidence trying to prove the accused is guilty beyond reasonable doubt

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