Court Hierarchy (HSC SSCE Legal Studies): Flashcards

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Court Hierarchy
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Australia's two overlapping jurisdictions

State/territory and federal

Jurisdiction definition

Court's powers based on area, matter types, and remedies

Summary offences

Less serious crimes handled by magistrate alone in lower courts

Indictable offences

Serious crimes requiring judge and jury in higher courts

Committal hearing

Inquiry if sufficient evidence exists for trial in higher court

3 crimes District Court cannot handle

Murder, treason, and piracy

Supreme Court's level in state hierarchy

Highest court in the state or territory hierarchy

High Court's position in Australia

Highest court in the Australian judicial system

Effect of High Court decisions

Binding on all other Australian courts

Federal Circuit Court criminal matters

Does not deal with criminal matters

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