Part A : Jurisdiction and Australian Courts (10 marks) Background to this question: Jurisdiction means both the official power to make legal decisions and the extent of the power to make legal decisions. Jurisdiction of Courts is further divided into original and appellate jurisdiction and criminal and civil jurisdiction. Original jurisdiction is the power to hear and determine disputes for the first time. Appellate jurisdiction is the power to hear and determine disputes on appeal from a trial or original hearing. Criminal jurisdiction (both original and appellate) is defined by reference to the types of offences a Court may hear and determine. The main types of offences are summary and indictable. Civil jurisdiction (both original and appellate is defined by the amount of monetary compensation a court may award to a successful litigant. Part A Section 1 (5 marks ie 1 mark for each correct answer) Identify the criminal, civil, original and appellate jurisdiction of the following Australian courts: 1. High Court of Australia 2. Local Court of NSW 3. Federal Court of Australia 4. District Court of NSW 5. Supreme Court of NSW AND Part A Section 2 ( 5 marks - 1 mark for each correct answer) In which courts would the following matters be heard: 1. A trial on a charge of murder 2. A breach of contract action 3. Bankruptcy proceedings 4. Action challenging the constitutional validity of Commonwealth legislation 5. Action against company directors for a breach of their fiduciary duties. Part B - Thinking and Reasoning (10 marks) Consider the following scenario The following notice is posted in a park under the care and control of a local council: 'NO VEHICLES ALLOWED IN THE PARK.' It is a warm, sunny day. You are sitting in the park, gazing sometimes at the sign and sometimes at things and activities taking place around you in the park and nearby. You begin to wonder to which of these things and activities the notice would apply. Classify the following items into one of three possible categories: A. The notice definitely applies to the item. B. You are uncertain about whether the notice applies to the item. C. The notice definitely does not apply to the item. 1. a skateboard 2. a motorcycle 3. a battery powered, remote-controlled toy car 4. a police car in pursuit of another car suspected of being stolen 5. a bus converted to an ice cream vending operation and from which ice creams are being sold to people in the park. 6. a ride-on lawn mower being driven by a council employee to mow the park lawns Explain why you have placed each item into each category. Why does the notice apply or not apply in each case? What is it that makes you uncertain about whether the notice applies or not in each case? (10 marks)