Question
click below
click below
Question
Normal Size Small Size show me how
Law and pol
Law and Citizen part 2
Question | Answer |
---|---|
What is the court hierarchy? | It's a system where courts are organised from bottom to top, in terms of the type of case they hear. |
What does the court hierarchy do? | It organises cases to least serous to most serious and allows parities to appeal their case to the higher court |
What is jurisdiction? | Refers to a courts ability to hear a case, it's split into original jurisdiction and appellate jurisdiction. |
What is original jurisdiction? | refers to the courts power to hear the case the first time. |
What is appellate jurisdiction? | refers to the courts power to hear the case the second time. |
Reasons of the court hierarchy? | Doctrine of precedent, appeals, administrative convenience, specialisation. |
Doctrine of Precedent? | this refers to the fact that decisions made in higher courts, must be followed by lower courts in the same hierarchy, for cases with the same/similar material facts |
Binding? | Decisions made by higher courts must be followed by in lower courts in like cases. |
Persuasive? | Judges in higher courts can elect to follow decisions made in lower courts. |
Appeals? | Means that if a party is unhappy with the outcome, they can apply to have their cases re- heard. |
Administrative convenience? | This allows the courts to avoid over crowding, by having lower courts here less serious cases, and higher courts hear more serious cases, which typically take longer and require more legal knowledge. |
Specialisation? | Means judges in lower courts, have the knowledge to only hear minor cases, while judges in higher courts get to hear serious offences. |
Common law? | Is judge made law. |