Hierarchy of Courts in Australia with Tort Law and Criminal Law

Research essay Question and
Answer

INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
CONCLUSION................................................................................................................................6
REFRENCES...................................................................................................................................7

INTRODUCTION
Law are those rules and regulations that have been formed within a country to control all
kind of criminal activities existing within country. Such regulations help in dealing over various
aspects existing within society which helps in maintaining balance within it. Law has been
providing proper framework over making legal factors covered within it. Laws are divided into
various parts like business law, contract law, property law and law of torts these laws covered
within two main laws which are criminal and civil laws. These laws have been making various
functions in society conducted in appropriate manner. In these essay things to be covered is
based upon contract law, torts law and courts system of Australia. Contract law helps in making
legal contracts formed between parties and torts laws covers about conducting of day to day
wrong. Then courts system existing within Australia is covered within the essay
MAIN BODY
Describe the main courts in the Commonwealth and New South Wales court
hierarchies and explain their relationship to the doctrine of precedent.Australian legal
system consists of two main parts that is parliament and judiciary. Parliament helps in forming of
laws by following proper process which is prescribed under constitution. Judiciary acts in order
to solve cases related to offence of both criminal and civil nature. Further there are two min
courts that exist within the judicial system of Australia that is Federal court system and court
system of state or territory. These courts help in dealing over cases of both civil and criminal
nature as per their jurisdiction. ‘Jurisdiction’ means the power and authority conferred on a court
to hear and determine a case. Jurisdiction of state courts is dependent upon its territory or
monetary value hold by court. In this litigation process is been followed. The legal system of
Australia is advisory in nature which has made role of court to be divided into parts like
administrative, dispute resolution, imposing of legal decision within parties, decide over
jurisdiction in civil or criminal matter. With respect to criminal offences, the court where the
case will be heard is determined by, the statute that created the court, seriousness of the offence.
In relation to civil case jurisdiction is been to all courts and states are having there own
boundaries to deal upon case. So in order to make court system operate effectively and
efficiently makes jurisdiction divided into two types Horizontal and Vertical. In horizontal
jurisdiction it is required to make sure that overlapping of jurisdiction reduces. In case of vertical
jurisdiction it is necessary over providing opportunity in relation to judicial review upon decision
of lower court by high courts. This makes hierarchy of courts to be justified in more effective
manner and makes judicial system transparency maintained. The jurisdiction is divided into
original jurisdiction and appellant jurisdiction. Original jurisdiction is been provided to lower
courts since they hear a case for very first time. Also known as court of first instance as they look