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17 Cards in this Set
- Front
- Back
- 3rd side (hint)
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County court jurisdiction. |
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State original & appellate jurisdiction. |
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Supreme court's jurisdiction. |
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Court of appeal's jurisdiction. |
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High court jurisdiction. |
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Magistrates court jurisdiction |
Original jurisdiction: Summary offences Indictable offences Committal hearings Warrants Bail application
Appellate jurisdiction No appellate jurisdiction
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There are five for original jurisdiction. |
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Pre-criminal procedures |
The court procedure leading up to the hearing of a case. |
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Indictable offences pre trial procedures. |
Committal proceedings held in magistrates court, determines whether there is sufficient evidence to support conviction by jury in a higher court. |
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Summary offences pre-trial procedures |
Heard in magistrates' court. Determined by magistrate and no jury. |
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Precedent |
The use of past decisions in determining current cases relies heavily on the existence of hierarchy. |
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When is precedent applied? |
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Role of the judge. |
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The role of the parties. |
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The need for legal representation. |
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Strengths of jury system |
-Reflects community values. -Spreads responsibility. -Represents cross-section of community |
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Weaknesses of jury system |
-Sometimes unrepresentative of community. -No reasons for verdict given. - Influence of charismatic lawyers |
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Types of evidence not allowed in court. |
- Personal opinion not allowed(only use of experts) - Cannot repeat what 3rd party told them heard or saw. - Past offences committed by defendant cannot be heard as evidence. - Privileged info not allowed without consent of parties. |
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Trial procedures |
Pleading not guilty: jury is empanelled. Pleading guilty: Judge hears summary of evidence against accessed and gives sentence verdict |
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