hass test

key features in the court system

court hirarchy

Court hirarchy

the way the courts are in order from the lower courts to the higher courts depending on the crimes committed

court hiarchy order

family court-family matters, divorces, child custidy

local/magistrates court-civil claims damages, minor offence

districts court-serious crimes

supreme court-civil matters

High court-change laws, special federal significance

jurisdiction

having the power to make legal decisons and judgements it determains which court hears the case

different types of cases

criminal and civil cases, criminal law is when people do things that are illegal, assult arson burglary. legal proceeding are aginst the offender, civil law is a dispute between two parties where one party wants compensation from the other party, contract disputes defamation and property disputes

appeals process

when someone in jail wants their case to be reviewed and a formal change to the official decision. it would happen in the cour higher than the original court. they can appeal if they think the sentance is to harsh or there is new evidence that it is not the convicted person.

why the right to appeal is important

if the person never did what they were covicted of doing they would be stuck in jail for the rest of their sentance and it is not good to have a innocent person in jail

burden of proof

in criminal trials the prosecution has to find the defendant guilty beyond resonable doubt, the accused is presumed innocent until proven gulity prosumtion of innocence. in civil law the plaintiff the person wanting money from the other party have to present evidence to support their case.

adversarial system

legal framework where two opposing parties present their cases to an impartial judge or jury, each side gathers evidance, questions and witnesses and argues their postion and the court determines the truth bases on the presented arguments

judge

runs the court and sometimes decides sentence and whether the person is guilty or innocent

jury

sits in the court and watches the whole things and then they vote whether the person is guilty or innocent

prosecution/plaintiff

they want the other party to e proven guilty or to pay what they want paid

defendant/accused

they defend what they prosection/plaintiff is saying

trail process

opening statements, witness testimony, cross-examination, closing arguments and then a verdict

common law

developed by judges over time based on indivisioal cases and they make new laws for future cases

precedent

is a rule that furute judges in court must use so that all the decisons that the judges make are the same inall court cases

justice

fair and impartial application of the law to ensure that all parties are treated equal and that the outcome of a legal case is just and approprite

rule of law

no one is above the law it makes sure that there is still fairness in the court and justice so that everyone is the same and fair

judicial independance

should be free from interference by other branches of the government and other external pressures , it protects fairnes by making sure the judges can make decisons without being pressures from outside people and people in court

fair trial

should not be anyone out side of the case interfering with the case and making some people believe one way even though it might be the wrong way.

presumption of innocence

everyone is innocent until proven gulity which mean that they are innocent until the verdict is done and then they are gulity

bribery

some people can be bribing other people to vote a certain way to make the person gulity or innocent which could be wrong and impacts on fairness in court

coercion of witnesses

actions taked to unlawfully influence or force a witness to give false testimony not testidy at all ot to alter their testimony a way that benefits a particular party

trail by media

widespread media coverage on a personos repuation pntentially creating a perception of guilty or innocence before or after a court verdict

court delays

it leaves victims and accuesed waiting for nearly a year for cases to go before a jury

discrimination and bias

significantly undermine the fairness and integrity of the legal system

improper police proedure

evidence obtain by the police they could have done wrong things which could hurt one party and favor the other and lead the court in the wrong direction and get the wrong person convected