law chapter 2

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The Court system

Chapter 2


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Court hierarchy

Copyright 2000 McGraw-HillAustralia

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FederalCourt

HighCourt

Session

Court

MagistrateCourts

Court ofAppeal

Special

Courts

Royal

Commissions/Tribunal


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Special Courts

Martial Court

Court For Children

Labour Court

Syariah Court

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Doctrine of precedent

(Stare decisis)

Courts should treat similar cases in

similar fashion.

Results in:

Precedent- a judgement of a court

cited as authority for the legalprinciple embodied in the decision.


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Basis of precedent

Ratio decidend i- The reason for thedecision made by the judges

Obiter dictum- Observations madeby judges in explaining or further

clarifying their decisions


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Precedents

B inding Precedent- Courts must

follow the ratio decidendiof

judgements made in higher courts in

the same court hierarchy.

Persuasive Precedent- Courts mayfollow the ratio decidendiof all other

courts not higher in the same court

hierarchy, or the obiter dictaof allcourts.


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Jurisdiction

Original Ju r isdic t ion- Certainmatters can be heard for the first time.

Appel late Ju r isd ict ion- Hearing amatter on appeal from another court.


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Importance of a court hierarchy

Serious matters are heard by higher

courts with more experienced judges.

Ensures doctrine of precedent can

operate through appellate jurisdiction.

Allows appeals against decisions on

the basis of mistakes of law.

Allows for specialisation.


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Adversary system of justice

Criminalmatters

Civil matters

Standard ofproof

Beyond areasonabledoubt

On the basis ofprobabilities

Burden ofproof:

Prosecution Plaintiff


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Rules of Statutory interpretation

The literal rule:The Courts are to interpret the words

used in an Act of Parliament literally

as far as they can, i.e. they must givethe words used in statutes the same

meaning that they have in every day

use.


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The Golden Rule:

The courts may depart from a literal

reading of the Act to prevent anabsurd result.


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The purpose approach: Where a literal interpretation is not

possible (e.g. the words are ambiguous)

the court may interpret the statuteaccording to the original purpose or

policy underlying its enactment.

(Information behind Statute can be usedin order to understand what was meant

to be achieved.)


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General rules of interpretation

Legislation is not intended to beretrospective.

Where there are several matters specifically

dealt with by a statute, matters not stated are

not intended to be covered.

Where there is reference to both general and

specific matters, the general matters are

limited to matters of a similar nature or class

to the specific matters.


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General rules of interpretation

Technical words used in a statute are to be

given their technical meaning.

If there is conflict between a general and aspecific provision in the statute, the specific

provision should receive precedence.

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