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Aus Law system
How laws are made, the court system, how laws are made & the court hierachy
Question | Answer |
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What is a indictable offence and what court are indictable offences heard in? | Indictable offences are serious offences suck as murder, armed robbery and drug trafficking, indictable offences are heard in the county and supreme courts. |
What is a summary offence and what court are summary offences heard in? | Summary offences are minor offences such as traffic offences and drink driving, these offences are heard in the magistrates court. |
who decides the verdict in a magistrates court? | it is a magistrate who decides the verdict in the magistrates court |
where is the magistrates court in the hierarchy? | the magistrates court is the lowest in the hierarchy |
what types of cases does the ,magistrates court hear? | all summary offences, less serious indictable offences, most disputes about money or property up to the value of $100,000, family violence, drugs and Koori court |
what types of cases does the county court hear? | all serious criminal cases such as civil claims over $100,000, appeals from the magistrates court except they do not hear murder cases. |
who decides the sentencing in the county court? | a judge decides the sentencing in the county court |
where is the supreme court located in the hierarchy? | the supreme court is at the top of the hierarchy |
what types of cases does the supreme court hear? | appeals from the county court, very serious cases like murder, large civil law disputes over money and business (more than $200,000) |
who hears cases in the supreme court? | a judge and a jury hears cases in the supreme court |
why is there a trial by jury in australia? | it is written into the constitution |
who is eligible for jury service in australia? | anyone over the age of 18 |
how do you become a juror? | you get a letter with a form and if you get chosen you receive court dates and then if a lawyer chooses you, you hear the case |
where is the federal circuit and family court located in the hierarchy? | it is at the bottom of the court hierarchy |
what types of cases does the federal court hear? | admin laws, human law, native titals, employment, industrial, disputes, maritime law, commercial, taxation, bankruptcy. |
is a decision of the high court binding on all other courts in the hierarchy? | yes decisions of the high court in binding on all other courts in the hierarchy |
how does the high court make the constitution relevant? | The high court interprets the meaning of the constitution to resolve disputes between state and common wealth |