jurisdiction

• the role of the courts is to determine whether a defendant is liable and to what extent
• the judge or magistrate will consider all of the evidence that is put during a trial
• they will determind whether the plaintiff has established (on the balance of probabilities) that the defendant caused the loss/harm
• role of courts

  • providing specialization
  • managing the case
  • hearing appeals
  • deciding on a remedy
• appelate jurisdiction is the power a court has to review cases on appeal from lower courts
• OJ Of Mag court

  • hears and settles minor civil disputes
  • hears civil disputes concerning claims of no more than $100,000
• OJ Of county court

  • unlimited
  • court can settle civil disputes concernin a claim for any amount of damages
  • optionaljury of 6
• OJ of Supreme Court trial division

  • unlimited
  • large sums of money/ complex areas of law
  • optional jury of 6
• OJ of high court

  • settles disputes between the states of the commonwealth of australia
  • interpretation and application of the constitution
  • disputes about treaties
• neither magistrates/ county court have any jurisdiction to hear civil appeals
• AP of supreme court trial division

  • mag court based of a point of law
• point of law refers to instances where a party beleives that the law has been applied incorrectly
• AP of supreme court of appeal

  • from county + supreme trial division court based on either
  • point of law
  • question of fact
  • amount of damages
• question of fact refers to percevied errors in the trial
• AJ of high courts

  • highest court of appeal in aus
  • questions of law from state + territory supreme courts, family court, federal court + high court
  • person must seek 'special leave' to appeal to the high court