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The court hierarchy ensures that justice is achie Essay

“ved at all levels andprovides for an efficient and effective means of administering our legal
system”
The quote is one hundred percent correct. The court hierarchy plays a very
important role in our society as it provides efficient and effective
justice at all levels of state. Court hierarchy is defined as ‘A graded
system of both state and federal courts that exist in Australia in which
the courts are arranged in ascending order of authority. Courts having the
least authority are at the bottom of the hierarchy and courts with
authority to hear the most important cases at the top.’ The lower courts
are known as the Magistrates’ Court or Local Court, followed by the
intermediate courts known as the County Court or District Court, with the
Supreme Court at the top. The highest court to which any litigant may
appeal from either a state or federal court is the High Court of Australia.

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Each court in the hierarchy has its own boundaries or limits on what sort
of cases it can hear. This is called jurisdiction. The type of case or
dispute that you are involved in will determine which court the case will
be heard in. All of the courts have original jurisdiction, that is, the
ability to hear a case for the first time. Some courts have appellate
jurisdiction, which is the power to hear appeals from cases that were first
held in lower courts. All of the courts have both civil and criminal
jurisdiction so that they can hear disputes that involve the infringement
of people’s rights and cases resulting from police prosecutions for
breaking the law. These jurisdictions provide a fine line, as to what
powers each court has and where their powers stop, which allows for a more
organized, efficient and effective legal system.


Appeals are people before a court, who call on a higher court to review the
decision made in a lower court. These appeals must be granted by the higher
court or by the trial judge. There are many grounds on which a party may
contest a court decision, including appeals on questions of fact or points
of law. This has to be granted by the higher court or by the trial judge.

Appeals create fairness for both the victim and accused, where both have
the ability to call on the higher court to review the decision made, if
they found it unjust in any way. This makes the court hierarchy achieve
justice at all levels.


Precedent is the reasoning underlying a court’s decision. The application
of a precedent may be either binding or persuasive in nature. From the time
the precedent is set, people involved in similar case expect that their
case will have the same outcome. This works well in court hierarchy
providing the mechanism for decisions made from the higher courts to be
binding on the courts lower down the ladder.


Even though the court hierarchy system has been up for a long time and many
people trust it and feel confident in its ability to find truth and
justice, there is still some uncertainty. Some examples of advantages of
this system can include the correction of wrong verdicts, allows a case to
be heard by more than one judge and another jury, created the need for
judges to be accountable, creates a more flexible legal system, provides
“choices” for plaintiffs and defendants to either pursue or accept legal
outcomes and it creates more certainty that the final verdict is the
correct one and provides a sense of certainty and equal fairness of
representation. Some disadvantages include the cause of legal systems to
drag for too long, provides incentives for solicitors/barristers to earn
more money, challenges the ‘integrity’ of the jury verdict, benefits the
rich who can afford to keep cases going, punishes victims who most endure
re-hearing evidence that may have caused distress and causes a lack of
confidence in the legal system.

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The court hierarchy is much required and can easily be seen to ensure that
justice is achieved at all levels which provides for an efficient and
effective means of administering our legal system. With such a just and
reasonable system having such a big role in our society, it boosts the
confidence of the citizens in the country.

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"ved at all levels andprovides for an efficient and effective means of administering our legal
system"
The quote is one hundred percent correct. The court hierarchy plays a very
important role in our society as it provides efficient and effective
justice at all levels of state. Court hierarchy is defined as 'A graded
system of both state and federal courts that exist in Australia in which
the courts are arranged in ascending order of authority. Courts having the
least aut

2018-12-27 03:08:25
The court hierarchy ensures that justice is achie Essay
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