First Principles of Business Law

Government and law in Australia
5.4. The courts
5.1.4. Original hearings and appeals

 

 

 

When a case comes to court for the first time the hearing is referred to as 'original', or a hearing at 'first instance'.

In original hearings, the parties are referred to by terms that vary, depending on the type of case. Commonly used terms include 'plaintiff' and 'defendant'; and 'applicant' and 'respondent'. In criminal cases heard by a judge and jury, the parties are called the 'prosecutor' and the 'accused'. In cases heard by a magistrate, an 'informant' brings charges against a 'defendant'.

lf the decision of one court is taken to a higher court for the earlier decision to be reconsidered, this is known as an 'appeal'. In appeal cases, the parties are commonly referred to as 'appellant' and 'respondent'. Generally speaking, there is a right of appeal from the lower courts to the higher courts within the same hierarchy.

Question: Is it true that there used to be a right of appeal from the highest Australian court to the English Privy Council?

 

 

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