HCL001 TOPIC 4 (final)

hierarchy of courts + authorities that est

1.   Court of appeal (art 73)

2.   Supreme court AKA principle court (art 65)

3.   Subordinate court (art 78) d

Land & titles court AKA special court (art 104)

(not incl in hierarchy bc special court)

why is court of appeal highest court when supreme court ests courts of samoa?

decisions of supreme court are subject to appeal of court of appeal

3 subordinate courts

"subordinate" - lower

1.   district court

2.   family court

3.  

land & titles court

• Specifically matai titles & customary land

• Operates under inquisitorial system

• Has own court of appeal

104A land & titles FIRST court

104B land & titles HIGH court

104C land & titles court of appeal & review

NZ & FIJI hierarchy of courts

“all courts must be est by law”

No court can function & operate w/o constitution & law

how is CJ appointed, who is CJ?

Art 66 section 1, CJ of supreme court is appointed by HOS, acting on advice of PM

 

*CJ heads judiciary = CJ: Satiu Simativa Perese

*what are the legal reqs & criteria that qualifies person to become a justice of supreme court of samoa (cite law & provisions)

article 66 section 2, “a person shall not be qualified for appointment as judge of supreme court unless: a) possess qualifications as HOS, acting on advice of judicial service commission, may prescribe

b) has been in practice as barrister in samoa/approve country

2 legal systems that operate court of samoa

(both Common law systems)

1.   Adversarial

2.   Inquisitorial

adversarial system

(practiced in court of appeal, supreme court, &  district court)

·        system whereby lawyers rep parties, argue law, present evidence, call witnesses & present & submit affidavits before judge sitting alone who will then decide

function of lawyers

rep parties in courts

[  Courts don’t own cases, it’s the parties  ]

inquisitorial system

(practiced in land & titles court only)

·        system whereby panel of judges (3 or 5) will investigate parties involved & upon result of their investigation will decide the case

(AKA "investigative system")

3 types of courts (court proceedings)

1. civil

2. criminal

3. appelate 

civil courts + purpose

civil matters: to do w claim of rights

Purpose: not punishment, but to protect private rights

plaintiff

(refs to grieving party)

= party who initiates course of action by filing stm of claim w registrar of the courts

stm of claim

legal doc filed by plaintiff w registrar of the courts outlining claim against defendant

defendant

party whom claim by plaintiff is made against

 

In civil matters, [  always case betw plaintiff & defendant  ]

stm of defence

legal doc filed by defendant w registrar of the courts disputing claim by plaintiff

who are people involved in the courts

litigants (ref to lawyers who do the litigation)

Litigators doing litigation refs to

lawyers representing parties

criminal courts

 criminal matters: violation of crimes act 2013

 

-supreme, district & court of appeal -> can be CIVIL or CRIMINAL matters

-land & titles court -> CIVIL matters only

complainant/police

police rep victim known as complainant

• Always police that reps victim/complainant

• Always Case of police against accused

accused

person committing crime bc law says everyone is innocent unless proven guilty by court of law

why accused?

only court can convict & say guilty

= bc Principle of law "everyone is innocent unless proven guilty by a court of law”

appellate courts/ court of appeal

Can appeal decisions of district court to supreme court. Person can appeal from supreme court to court of appeal (highest court)

-        Land & titles court has own court of appeal

(ex 104A (land & titles first court) can be appealed to 104B (land & titles high court)

appellant vs respondent

“appellant” = party who makes an appeal

“respondent” = party whom appeal is made against

first 3 steps of civil proceedings

1.   COMMENCEMENT of proceedings

-> Plaintiff initiates course of action by filing stm of claim w registrar of the courts

 

2.   SERVICE of other party

->Court must serve other party

(stm of claim served to other party/defendant)

 

3.   RESPONSE of other party

->defendant/party whom claim is made against can dispute claim by plaintiff by filing stm of defense

last 4 steps of civil proceedings

4.   INTERMEDIATE steps

->involving interlocutory order

"interlocutory order" = order by court that refrains all parties from doing further action until the case is decided

5.   The HEARING

Civil matters - "hearing"

Criminal matters - "trial

·        Lawyers rep parties, call witnesses, provide evidence, argue the law, bring before court sworn affidavits

·        During hearing, witnesses will be examining chief & will also be cross-examined by other party, then re-examination

6.   DECISIONS of court

->In adversarial system, after all said & done, judge/court will decide

7.   ENFORCEMENT of decision

·        Courts/judiciary don’t make laws but every decision of court becomes law

[Every decision by court is law]