Legal Institutions 2 Flashcards
(24 cards)
Feature of nz courts
Hierarchy
Supremes court
Court of appeal
High court
District court
Maori name of the courts hierarchy
Te kote mana
Pria
Matua
Ngai kote rohe
Definition of jurisdiction
The authority granted to a legal body to administer justice within a define field of responsibility
Authority
Latin for courts acting within it out of its juristiction
Within - intra vares
Out -ultra vares
Most courts can only hear case linked to nz territory- what is the exception
Crimes act 1961, s5,s116
Applies to all acts done or omitted in nz
High court inherent jurisdiction
The judicial jurisdiction that may be necessary to administer the laws of nz
Inherent district court act 2016
The court has jurisdiction to hear and determine a proceeding
In which the value of the property does not exceed $350,000
Original jurisdiction
To hear and determine proceedings Brough in the first instance rather than an appeal
Appellate jurisdiction
To hear and determine an appeal file a decision of a appeal made in a Lowe court
Court hierarchy in Maori
So- kote mana
Coa-kote pira
Hc-kote matua
Dc-kote rohe
Def jurisdiction
Authority granted to a legal body to administer justice within a defined field of responsibility
Authority
Only Court that doesn’t deal with statutory jurisdiction
Court of appeals
What is inherent jurisdiction
A legal question that parliament has not given by statute to another court
Hc up
Common law vs equity
Common law - money back damages
Equity -specific performance
Adversarial jurisdiction
Most nz legal proceedings
Each party argues their case
Judge decision based on this
Inquisitorial jurisdiction
European approach
Judge engages in fact finding does it’s own research
Judges appointment
Practicing for 7 years
Governer general appoints on recommendation of the attorney general
Judicial oath- must serve her magistrate
Judges removal
Can be removed for
Misbehaviour
Incapacity
Governer general may advise the attorney general removal a judge
Depending on seriousness a range of options for commissioner
Complaints about judges
Surrounds deltas, currption bais, bulling harassment
Most found to have no substance
1 has been referred to AG, satisfied and no panel required
Courts of record
All courts in nz
Helps with precedent
Contemp of court
Pentalites include
Wilful disruption
Exclusion from court room
If serious go before another judge
Imprisonment not past 3 months
Does dc have appellate
Yes
Criteria for family court judge
Has to be a dc judge first
Criteria for youth court judge
First have to be a family court, therefore also a dc court judge
