Unit 1: Criminal law, Outcome 3: Magistrates court research assignment
1. Define key legal terminology such as court hierarchy, jurisdiction & court personnel
Court hierarchy
A court hierarchy is a structure or or order of rank of courts within a state or country. The court hierarchy allows each court to deal with specific types of cases according to the seriousness of the crime and the courts jurisdiction. Hence, courts dealing with more serious offences would be higher in the court hierarchy than the courts dealing with less serious offences. In Victoria- the Supreme court is the is the apex of the state court system, with the County court and Magistrates court below.
Jurisdiction
Jurisdiction is the authority vested in a court to
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Precedent: When resolving disputes, Judges may make rulings directly related to the doctrine of precedent. This means judges follow previous decisions in future cases with similar circumstances. This practice is binding, whereby decisions made by higher Courts must be followed by all lower Courts in the same Court hierarchy. This ensures that the standard of precedent is maintained.
Administrative convenience: Cases are allocated to different courts directly relating to their seriousness. Each court has its own type of jurisdiction, allowing people to identify the appropriate court to take their dispute to. The majority of minor cases can be heard quickly in the Magistrates Court, leaving the County and Supreme Courts with only the more serious cases that may require their expertise. The aim of this process is to reduce the costs to the taxpayer for the running of the Courts, and to increase the level of efficiency in the Courts, allowing cases to be resolved quickly.
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3. Name and address of the court.
The Magistrates' Court of
* In the criminal courts a judge and sometimes a jury hears a witnesses testimony and other evidence and decide cases by applying relevant law to the relevant facts. People who are not satisfied with a trial court decision appeal cases to judges in the appellate courts.
It may be very upsetting to get a traffic solution, especially if it's never happened for you before. Some people don't take getting the traffic citation or even ticket seriously when for his or her own good they should. Getting a traffic ticket isn't always a easy or small issue. Going ahead as well as paying the ticket doesn't bring an end into it. The Department of Cars (DMV) sees fit to put points on your license for practically just about all traffic infractions, end up being they small, moderate or large. This really is where a traffic attorney could be of help for you.
The United States judicial branch to the general American public can seem insulated from politics, because of their adversarial system, that does not allow judges to choose their cases. The judicial branch unlike, their two counterparts, the legislative and executive at large rely on the respect of the American people and the heads of the two other branches. In appointing members of the federal judiciary, Presidents appoint members who resemble their political ideologies and their likelihood of confirmation in the Senate, the Senate confirms these members based on their performance on the litmus test and Senatorial courtesy. Courts, specifically the Supreme Court, make decisions based on the Constitution, but the legislative branch has the
The main role of the courts is to interpret and apply the law. In terms of a criminal justice process the court serves as the place in which a trial is heard and a sentence decided.
The next step in the ladder is the District Court; like the Local Court, it has both Criminal and Civil Jurisdiction, however it hears most indictable offences in jury trials. The Supreme Courts Trial Division has original civil and criminal jurisdiction, but it only hears the most serious of criminal cases (like murder or terrorism). Additionally, its’ Court of Appeal hears direct appeals from the District Court and Supreme Court trial division – it usually only hears appeals regarding questions of law and not fact.
There is such a thing as limited jurisdiction and general jurisdiction. There are reasons courts
My observation discovered the significant difference between the lower courts and upper courts in relations to court operations and process – namely the two tiers of justice. An overwhelming volume of cases were heard and dealt at the Local Court with expeditious environment. The empirical research also shows that on average, the time per matter dealt is four minutes and thirteen seconds, with more than half of matters being dealt less than two minutes. A stark contrast in length was observed at the Supreme Court where an atmosphere of slow pace,
Magistrates pass the most serious crimes (e.g. murder, rape and robbery) to the Crown Court. Magistrates decide if the defendant should be:
Precedent- A legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.
The Role and Powers of Lay Magistrates in Criminal Cases 1a) Describe the role and powers of lay magistrates in criminal cases. b) Consider whether lay magistrates are adequately trained for their work. 1a) Describe the role and powers of lay magistrates in criminal cases. For centuries the criminal justice system has allowed lay people; people who are not legally qualified to administer justice to the civilian population.
This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision-making process. It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process.
The term "Court Hierarchy" is a very important word in the law world in modern society. It's definition gives a very clear and concise meaning to the law industry. The phrase can be split into two words to be easily dealt and understood. The word "court" is from a Greek derivative "cohors" or "cohort" meaning courtyard or retinue. It's definition from the dictionary certainly portrays the law as a very important and distinguished practice. "a. A person or body of persons whose task is to hear and submit a decision on cases at law." "b. The building, hall, or room in which such cases are heard and determined." The word, "hierarchy", however, has a more powerful and specific relation to the law world. It is a Greek derived word and
There are three women on the Supreme Court, one of whom is Latina, and there is one black justice serving on the Supreme Court (Brown, 2016). This is a major issue. The United States, the “melting pot”, has an extreme lack of diversity in their court system. This is an issue that affects several aspects of society. Decisions made by judges will affect the lives of men, women, and their families. The decisions made by judges can also create law. Unlike political officials, the people do not always have the power to vote judges into their positions. Instead, the people hope that their peers with the power to affect the system choose a candidate that will fight for them. Often times, this does not happen.
It's referring to precedents. Precedents are previous decisions of the court that need to be followed by courts in the same or lower in the hierarchy. The court must give consideration but there is no rule on how it should apply it to the facts of the case at hand.
The doctrine of Judicial precedent applies the principles of stare decisis which ‘lets the decision stand’. ‘Whenever a new problem arises in law the final decision forms a rule to be followed in all similar cases, making the law more predictable’ making it easier for people to live within the law.