Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book - Federal Court of Australia Fiji Magistrates Bench Book - Federal Court of Australia
The six types of Courts are: • the Supreme Court; • the Court of Appeal; • the High Court; • the Magistrates’ Court; • the Fijian Court; and • the Small Claims Tribunal. The Court system is hierarchical and this is an essential feature of the Doctrine of Judicial Precedent. The hierarchy provides an appeal system, allowing decisions to be checked by more senior Courts. This helps prevent inconsistency within the Courts and provides a check and balance system for the fair administration of justice. The Structure of the Court System in Fiji Figure 1: Structure of Fiji’s Court System Supreme Court Court of Appeal High Court Magistrates’ Courts Small Claims Tribunal Fiji Magistrates Bench Book April 2004
5 Jurisdiction Jurisdiction is the power and authority to hear or determine a particular matter. Courts may only act within their jurisdiction, as defined by law. Original jurisdiction This means that a Court is given power to hear certain kinds of cases in the first instance. Concurrent jurisdiction Concurrent jurisdiction means that several Courts have the power to hear a particular kind of case. Territorial jurisdiction Territorial jurisdiction refers to a Court’s power to hear cases for a particular district or tract of land. Appellate jurisdiction This is the right of a Court to hear appeals from a lower Court. The Court of Appeal, the High Court and the Magistrates’ Courts all have some type of appellate jurisdiction. Criminal jurisdiction A crime is the commission of an act that is forbidden by Statute or the omission of an act that is required by Statute. There are different categories of crime and the category of crime may determine which Court has jurisdiction to hear and determine the matter. Civil jurisdiction This covers disputes between individuals, and disputes between individuals and the State that are not criminal in nature. Advisory jurisdiction This refers to the power of the Court to provide an opinion in an advisory capacity. The President has the discretion, in the public interest and on the advice of Cabinet, to refer to the Supreme Court any constitutional issue: s123 Constitution. Fiji Magistrates Bench Book April 2004
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- Page 3 and 4: Table of Contents 1: The Law and Co
- Page 5 and 6: 4 Real Evidence 5 Exhibits 6 Oral E
- Page 7 and 8: 9: First Appearance 1 General 2 Non
- Page 9 and 10: 13: Sentencing 1 Introduction 2 Jur
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- Page 15 and 16: 3.1 The Fiji Constitution The first
- Page 17 and 18: 4 The Branches of the State 4.1 The
- Page 19: Prime Minister The Prime Minster mu
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- Page 25 and 26: 1 Introduction The Magistrate’s C
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- Page 31 and 32: in suits wherein the validity of an
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- Page 37 and 38: Also, see State v Peniasi Kata Cr.
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- Page 43 and 44: 4: JUDICIAL CONDUCT Fiji Magistrate
- Page 45 and 46: 1 Ethical Principles On appointment
- Page 47 and 48: 1.5 “Without Fear or Favour, Affe
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- Page 63 and 64: Spouses The spouse of the defendant
- Page 65 and 66: 7.3 Leading Questions A general rul
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5 Jurisdiction<br />
Jurisdiction is the power and authority to hear or determine a particular matter. <strong>Court</strong>s may only<br />
act within their jurisdiction, as defined by law.<br />
Original jurisdiction<br />
This means that a <strong>Court</strong> is given power to hear certain kinds <strong>of</strong> cases in the first instance.<br />
Concurrent jurisdiction<br />
Concurrent jurisdiction means that several <strong>Court</strong>s have the power to hear a particular kind <strong>of</strong><br />
case.<br />
Territorial jurisdiction<br />
Territorial jurisdiction refers to a <strong>Court</strong>’s power to hear cases for a particular district or tract <strong>of</strong><br />
land.<br />
Appellate jurisdiction<br />
This is the right <strong>of</strong> a <strong>Court</strong> to hear appeals from a lower <strong>Court</strong>. The <strong>Court</strong> <strong>of</strong> Appeal, the High<br />
<strong>Court</strong> and the <strong>Magistrates</strong>’ <strong>Court</strong>s all have some type <strong>of</strong> appellate jurisdiction.<br />
Criminal jurisdiction<br />
A crime is the commission <strong>of</strong> an act that is forbidden by Statute or the omission <strong>of</strong> an act that is<br />
required by Statute.<br />
There are different categories <strong>of</strong> crime and the category <strong>of</strong> crime may determine which <strong>Court</strong> has<br />
jurisdiction to hear and determine the matter.<br />
Civil jurisdiction<br />
This covers disputes between individuals, and disputes between individuals and the State that are<br />
not criminal in nature.<br />
Advisory jurisdiction<br />
This refers to the power <strong>of</strong> the <strong>Court</strong> to provide an opinion in an advisory capacity.<br />
The President has the discretion, in the public interest and on the advice <strong>of</strong> Cabinet, to refer to<br />
the Supreme <strong>Court</strong> any constitutional issue: s123 Constitution.<br />
<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004
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