First Principles of Business Law

Government and law in Australia
5.4. The courts

5.4.3. Jurisdiction and hierarchy

 

 

 

Some courts have a greater power to hear and decide cases than others. The power to hear and decide cases is broadly referred to as the court's 'jurisdiction'. However this same word is also used to describe all of the following specific aspects of a court's power:

  • To hear the more serious cases (e.g. by reference to the amount of money involved).
  • To hear and decide civil cases (brought by one private person against another).
  • To hear and decide criminal cases (when an accused person is charged by the state).
  • To make particular orders (such as imprisonment, fines or the payment of damages).
  • To hear cases on appeal (and perhaps reverse an earlier decision).
  • To hear cases arising within a specified geographical area. 

Question: Is it true that Australian courts exist within a strict hierarchy: at the top are 'superior' courts with the most power, while at the bottom are 'inferior' courts with the least power?

 

 

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