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【CCL资料】CCL法律词汇系列(一):Australian court hierarchy

Updated: Jan 1

Hello大家好呀~

希望在final这个时期的你们

是真的要“好好的”

不要被due的压力和复习的困难所压倒嗷~

等你们due完归来

又是一条学PTE和CCL的好汉!


今天小柠檬开启CCL词汇的又开启一个新的主题

法律篇~(撒花欢迎“法律”同学与大家见面)

今天就介绍就关于法律最基本的知识

“澳大利亚法院等级”

(Australian court hierarchy)

Australian court hierarchy

The Australian court system has a hierarchy which determines which types of cases are heard in each court. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law. The large number of courts in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost structures.

heard in

审理

sits at the apex of

位于..顶端

ultimate court of appeal

最终上诉法院

powers and characteristics

诉讼权限和特点

jurisdictional limits

管辖权范围

remedial powers

补偿权

cost structures

费用结构

Australian court hierarchy

Level 1

High Court of Australia:

(高等法院)

The High Court is the highest court in Australia. It has appellate jurisdiction over all other courts. It also has some original jurisdiction and has the power of constitutional review. The High Court of Australia is the superior court to all federal courts and is also the final route of appeal from all state superior courts.

Appellate jurisdiction

上诉管辖权

Original jurisdiction

原始管辖权

Constitutional review

宪法审查

Final route of appeal

最终上诉途径

Level 2

State/territory courts

(地方政府法院)

It will hear criminal matters that are created by federal legislation. That is legislation that applies to all States and Territories.

criminal matters

刑事案件

federal legislation

联邦立法

commonwealth courts

联邦法院

The court has original jurisdiction in these areas, and also has the power to hear appeals from a number of tribunals and other bodies

original jurisdiction

原始管辖权

tribunals

仲裁庭


Level 3

Supreme court 州最高法院

The Supreme Court in each jurisdiction is the highest court in that State or Territory. It has two divisions, the Trial Division and theCourt of Appeal. The Trial Division handles civil cases over $250,000 and serious criminal cases, e.g., involving murder, manslaughter, and serious drug offenses. The Court of Appeals, comprisingpanelsof three or five judges, hears appeals from the lower courts.

Jurisdiction

管辖区

Trial Division

审判司

Court of Appeal

上诉法院

Manslaughter

过失杀人

Panels

小组


Federal court and family court

(联邦家庭法院)

The Federal Court primarily hears matters relating to corporations, trade practices, industrial relations, bankruptcy, customs, immigration and other areas of federal law.

Corporations

公司

trade practices

贸易惯例

industrial relations

劳资关系

customs

海关

The Family Court has jurisdiction over family law matters. It deals with family law matters, such as divorce applications, parenting disputes, and the division of property when a couple separate

Family law matters

家庭法律事务

Divorce applications

离婚申请

Parenting disputes

养育纠纷

Division of property

财产分割


Level 4

Intermediate court (country/district court)(中级法院)

Matters in these courts are heard by a Judge. It exercises appellate jurisdiction from the Magistrate's Court as well as original jurisdiction in more serious civil cases and in some criminal cases, e.g, involving fraud, armed robbery, and rape. These courts also conduct criminal trials with juries for indictable offenses.

heard by

审理

Judge

法官

appellate jurisdiction

上诉审判权

fraud

欺诈

armed robbery

武装抢劫

rape

强奸

criminal trials with juries

陪审团的刑事审判


Federal magistrates court

(联邦地方法院

The lowest level is the Federal Circuit Court of Australia, created in 1999 as the Federal Magistrates Court. it hears most matters that reach court. There is no jury and each matter is heard and determined by a judicial officer.

Judicial officer

司法官员


Level 5

Lower court (Local/magistrates court)

初级法院,地方法院

Local Court and Magistrates’ Courts hear less serious matters and are heard by a magistrate. The role of the Local or Magistrates Court in criminal matters varies in each State and Territory. It deals with minor civil disputes and minor criminal cases such as theft and drunk-driving. There is no jury in the Magistrate's Court

Magistrate

治安法官