The Legal and Judicial System/ 法律和司法制度 Flashcards
What is the hierarchical order of the courts within the judicial system of New Zealand from the lowest to the highest?
What does the doctrine of precedent mean? 先例原则
This doctrine requires lower courts to observe the decision of higher courts when adjudicating.
这一原则要求下级法院在裁决时遵守上级法院的裁决。
Lower courts are bound by decisions reached in higher courts, but courts of equal status in the hierarchical structure are not bound to follow other decisions, but if they deem it prudent they may do so.下级法院受上级法院判决的约束，但在等级结构中地位平等的法院不受其他判决的约束，但如果它们认为谨慎的话，它们可以这样做。
What are the roles of the individual courts?
Supreme Court: The highest court in the land, which has the final say on legal disputes and the interpretation of the Constitution.
Appellate Court: A court that hears appeals from lower courts and reviews their decisions for errors in law or procedure.
Circuit Court: A court that has jurisdiction over a specific geographic area and handles both civil and criminal cases.
District Court: A court that handles small claims, misdemeanours, and preliminary hearings for felony cases.
Family Court: A court that deals with family-related issues such as divorce, child custody, and child support.
Traffic Court: A court that handles traffic violations such as speeding tickets, parking violations, and other minor traffic offences.
Juvenile Court: A court that deals with cases involving minors who have committed crimes or are in need of protection and care.
Appeals in criminal cases are made to which courts?
In New Zealand, appeals in criminal cases are made to the Court of Appeal, which is the intermediate appellate court. The Court of Appeal hears appeals from the District Court and the High Court, which are the trial courts in criminal cases.
在新西兰，刑事案件的上诉由上诉法院（Court of Appeal）处理，这是中间的上诉法院。上诉法院听取来自区法院和高等法院的上诉，而这两个法院是刑事案件的审判法院。
如果上诉法院就一个法律问题作出了判决，任何一方都可以寻求申请进一步上诉至最高法院（Supreme Court），这是新西兰的最高法院。最高法院只审理涉及公共重要事项或需要阐明法律问题的案件
Court decisions have four main purposes.
They are to:
* rehabilitate or reform the offender
* deter offenders and others who are tempted to commit the same offence
* punish the offender
* offer a remedy or recompense to the victim.
1. 使罪犯改过自新
2. 震慑罪犯和其他受到诱惑而犯下同样罪
行的人
3. 惩罚违法者
4. 向受害者提供补救或赔偿。
What are the four categories of offences?
Category 1 – fine only
第一类-仅限罚款
Category 2 – imprisonment less than two years or those punishable by a community-based sentence or a fine (or both)
第2类-监禁少于两年或可处以社区判决或罚款(或两者兼而有之)
Category 3 – imprisonment for two years or more, with the right to elect trial by jury
第3类-监禁两年或两年以上，有权选择由陪审团审判
Category 4 – offences that must be heard in the High Court
第4类-必须在高等法院聆讯的罪行
