The Legal and Judicial System

Question 1

What is the hierarchical order of the courts within the judicial system on New Zealand from the lowest to the highest?

Answer 1

District Court
o	Family Court
o	Youth Court
o	Judge alone trials
o	Jury trials

High Court
Court of Appeal
Supreme Court

Question 2

What does the doctrine of precedent mean?

Answer 2

Lower courts are required to observe the decisions of higher courts.

Courts of equal status are not bound to follow each other’s decisions.

Question 3

What are the roles of the individual courts?

Answer 3

District court:
Hears Cat 1-3 offences and can impose maximum penalties.

High Court:
Hears Cat 4 offences. It also hears appeals from the District, Youth and Family Courts.

The Court of Appeal:
Hears appeals and answers questions of law from the courts below it.

The Supreme Court:
The highest and final court.

Question 4

Appeals in criminal cases are made to which courts?

Answer 4

High Court hears appeals from District Court Judge-alone matters.

Court of Appeal hears appeals from the High Court and District Court Jury trials.

The Supreme Court hears appeals from the Court of Appeal.

Supreme Court and Court of Appeal hears appeals only.

Question 5

What are the four categories of offences?

Answer 5

Cat 1: Fines only.

Cat 2: Imprisonment less than 2yrs, community based sentences, or fines, or both.

Cat 3: Imprisonment of 2yrs or more, with the right to elect trial by jury.

Cat 4: Serious offences tried through the High Court.

Question 6

What is the major difference between the two divisions of law - criminal and civil?

Answer 6

Criminal law deals with the imprisonable offences and fine only offences.

Civil law deals with the protection of individual rights.