The Court Hierarchy and Jurisdiction

Introduction to Law and Legal Concepts

The Court Hierarchy and Jurisdiction

An effective legal system relies on a structured court hierarchy. This ensures that different kinds of legal issues are handled appropriately, and that justice is accessible, consistent, and efficient. This lesson explores how the court system is organised, what jurisdiction means, and how different courts serve different purposes.

1. What Is a Court Hierarchy?

A court hierarchy is the ranking of courts according to the types of cases they hear and their authority. Lower courts deal with less serious or more common matters, while higher courts deal with more serious, complex, or precedent-setting cases.

A hierarchy allows for:

Specialisation: Different courts develop expertise in particular types of law.
Appeals: Higher courts review decisions from lower courts.
Efficiency: Lower courts handle routine matters, reducing pressure on higher courts.
Doctrine of precedent: Ensures that lower courts follow legal principles established by higher courts.

2. Jurisdiction: What Courts Can Hear

Jurisdiction refers to a court’s legal authority to hear and decide a case.

There are different types of jurisdiction:

Type of Jurisdiction	Meaning
Original jurisdiction	The power to hear a case for the first time
Appellate jurisdiction	The power to hear appeals from lower courts
Geographic jurisdiction	Limited to cases arising in a certain region or state
Subject-matter jurisdiction	Limited to certain types of cases (e.g. family, criminal, tax)

3. The Court Hierarchy – A General Structure

Although details vary by country, most common law countries (e.g. Australia, USA, UK, Canada) have similar structures:

A. Lower Courts (Local or Magistrates’ Courts)

Handle minor criminal offences (e.g. traffic violations, petty theft)
Hear civil claims involving small sums of money
Conduct committal hearings to decide if serious criminal cases go to trial
No juries in most lower court cases
Usually have no appellate jurisdiction

B. Intermediate Courts (District or County Courts)

Hear more serious criminal offences (e.g. assault, burglary)
Deal with civil cases involving larger amounts of money
May conduct jury trials
Hear appeals from lower courts
Judges may specialise in areas like family or commercial law

C. Superior or Supreme Courts

Deal with the most serious criminal and complex civil cases
Often have both original and appellate jurisdiction
Can hear constitutional or administrative law matters
Decisions here may set binding precedents

D. Courts of Appeal

Specialised appellate courts that hear appeals only
No new evidence or witnesses — they review decisions for errors of law or procedure
May overturn, uphold, or vary lower court decisions

E. Highest Court (e.g. High Court of Australia, Supreme Court of Canada, U.S. Supreme Court)

The final court of appeal in a country
Hears only select, significant cases (often by special leave or certiorari)
Has the authority to interpret constitutions and make landmark rulings

4. Specialist Courts and Tribunals

Some legal matters are handled by specialist bodies:

Family Courts – Divorce, custody, child support
Children’s or Youth Courts – Offences involving minors
Industrial/Employment Courts – Workplace disputes
Coroners Courts – Investigate deaths in unusual circumstances
Administrative Tribunals – Review decisions of government agencies

Tribunals are generally less formal than courts and are designed to resolve disputes more quickly and accessibly.

5. Example – Court Hierarchies by Country

Australia

Local/Magistrates’ Court → District/County Court → Supreme Court → Court of Appeal → High Court of Australia

United States

State Courts: Trial Court → Intermediate Court of Appeal → State Supreme Court
Federal Courts: U.S. District Court → U.S. Court of Appeals → U.S. Supreme Court

Canada

Provincial Courts → Superior Courts → Courts of Appeal → Supreme Court of Canada

6. Appeals and the Role of Higher Courts

A key function of the hierarchy is to allow appeals:

Parties who believe a legal error has occurred can challenge the decision.
Appeals must usually be based on points of law, not just dissatisfaction with the result.
Appellate courts can:
- Affirm (agree with) the lower court
- Overturn (reverse) the decision
- Order a new trial or different outcome

Appeal decisions often clarify the law and set binding precedents for lower courts to follow.