Court terminology Flashcards
(23 cards)
Describe the difference between civil and criminal cases.
Civil cases are about disputes over rights and obligations, ect. While Criminal cases involve the action to harm another, or do a criminal act.
Identify and order the courts in the Western Australian court hierarchy.
HIGH COURT- FEDERAL COURT
Supreme court- most serious
District court
Magistrates court
Family court/ Children’s
Supreme court
The Supreme Court of Western Australia has two divisions: the General Division, which hears serious criminal and civil cases, and the Court of Appeal, which reviews decisions from lower courts, with judges specializing in either original trials or appeals.
district court
deals with serious criminal offences including serious assaults, sexual assaults, serious fraud and commercial theft, burglary and drug offences. It also determines civil claims up to $750,000.
magistrates court
The Magistrates Court of Western Australia handles minor crimes like theft and traffic offenses, civil disputes up to $75,000, and preliminary hearings for serious cases.
Family court
divorce, child custody, parenting arrangements, and property settlements.
childrens court
deal with offences alleged to have been committed by young people aged 10 to 17 years of age.
What is a court hierarchy, and why is it important?
A ranking of courts based on jurisdiction. It ensures appropriate case handling, appeals, and consistency.
Jurisdiction
Jurisdiction just means what types of cases a court is allowed to hear. In WA, different courts handle different cases—like the Magistrates Court dealing with minor crimes and small money disputes, while the Supreme Court handles really serious crimes like murder and big-money cases.
What is appellate jurisdiction, and why is it significant?
The power of higher courts to review lower court decisions, ensuring fairness.
hierachy of courts
Lower courts handle minor cases; higher courts handle serious cases and appeals.
Equality before the law
all individuals are treated the same by the legal system, regardless of their personal characteristics or status.
independence of the courts
judges make decisions based on the law, without influence from the government or others.
Right of appeal
allows a person to ask a higher court to review a decision if they believe a legal mistake was made in their case.
factors that can undermine court system
bribery, coercion of witness, trail by media and court delays.
Human Rights
basic rights considered to be entitlement to all humans
Discrimination
treatment of an individual in an unfavourable manner based on an actual or perceived personal characteristic protected by the law.
Direct and Indirect Discrimination,
Direct discrimination: When someone is treated unfairly in court because of their race, gender, or other personal traits.
Indirect discrimination: When a rule applies to everyone but unfairly disadvantages certain people.
Separation of powers
means dividing government power into three branches—legislative (makes laws), executive (enforces laws), and judicial (interprets laws)—to prevent any one group from having too much control.
Judiciary
court system that decides if someone has broken the law and settles disputes fairly.
Appeal
means asking a higher court to review a decision if someone believes a mistake was made in their case.
Original Jurisdiction
the power of a court to hear a case for the first time, rather than reviewing a decision from another court.
Appellate jurisdiction
means the power of a higher court to review and change decisions made by lower courts.
