46-483: The Supreme Court of South Australia is the superior court of the Australian state of South Australia . The Supreme Court is the highest South Australian court in the Australian court hierarchy . It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Court is composed of a Chief Justice and as many other justices as may be required. The Court
92-522: A courtroom , and the building as a courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on
138-562: A jury . The word court comes from the French cour , an enclosed yard, which derives from the Latin form cōrtem , the accusative case of cohors , which again means an enclosed yard or the occupants of such a yard. The English word court is thus a descendant of the Latin word hortus from Ancient Greek χόρτος ( khórtos ) (meaning "garden", hence horticulture and orchard), both referring to an enclosed space. The meaning of
184-423: A legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps a jury . Jurisdiction is defined as the official authority to make legal decisions and judgements over a person or material item within a territory. "Whether a given court has jurisdiction to preside over
230-608: A Master is fixed by provincial statute and the rules of court. Masters are appointed by the provincial government. As a result, while Masters sit in a superior court, they do not have the "inherent jurisdiction" of the judges of those courts, who are appointed by the federal government and whose authority is derived from the Constitution of Canada and the Crown. Their jurisdiction is usually limited to procedural and Interlocutory matters heard in chambers . Consequently, though of
276-488: A body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions. This common standard of law became known as "Common Law". This legal tradition is practiced in the English and American legal systems . In most civil law jurisdictions, courts function under an inquisitorial system . In the common law system, most courts follow the adversarial system . Procedural law governs
322-541: A court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur is known as a courtroom , and the building as a courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to
368-430: A given case" is a key question in any legal action. Three basic components of jurisdiction are personal jurisdiction over an individual or thing ( rēs ), jurisdiction over the particular subject matter ( subject-matter jurisdiction ) and territorial jurisdiction . Jurisdiction over a person refers to the full authority over a person regardless of where they live, jurisdiction over a particular subject matter refers to
414-496: A higher title: hence, a High Court Judge who is a Master of the Bench will be known in his or her Inn as "Master Smith", in private life as Sir John Smith, and on the bench as Mr Justice Smith; likewise a law lord will be known in the inn as "Master Woolf" even if he is privately and professionally known by the peerage title of "Lord Woolf". The High Court 's Registrar, Senior Deputy Registrars and Deputy Registrars serve as Masters of
460-621: A judicial assembly is first attested in the 12th century, and derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard. The verb "to court", meaning to win favor, derives from the same source since people traveled to the sovereign's court to win his favor. The term the court is used to refer to the presiding officer or officials, usually one or more judges . The judge or panel of judges may also be collectively referred to as "the bench " (in contrast to attorneys and barristers , collectively referred to as "the bar "). In
506-680: Is based on that of England. The office of master is of ancient origins dating from at least the 12th century, though masters in Chancery were abolished in the 19th century and a new office of Chancery Master was recreated later. There are masters in the Chancery and King's Bench Divisions of the High Court of Justice and the Senior Courts Costs Office of the High Court. The Senior Master of the King's Bench Division also bears
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#1732801797620552-535: Is the only South Australian court that can hear such matters. In criminal matters, generally only the most serious crimes are tried in the Court (for example murder , treason , attempted murder and manslaughter ) although the Court occasionally hears trials for less serious offences. Trials for murder and treason cannot be heard in any other court in South Australia. When exercising its original jurisdiction,
598-585: Is to perform tasks that would otherwise fall to superior court judges. Besides the jurisdiction to hear most interlocutory motions in civil matters, associate judges in Ontario also preside at status hearings, case conferences and pre-trials. They frequently act as referees to hear trials in construction lien matters, mortgage references or issues referred by judges. Associate judges also provide dispute resolution services and sit as Registrars in Bankruptcy. In
644-495: The reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply a legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps
690-634: The Republic of Ireland , Australia, New Zealand, Hong Kong, several Caribbean countries and a number of Canadian provinces . Several state courts in the United States utilize masters or similar officers and also make extensive use of special masters . In some jurisdictions such as the Federal Court in Canada the office of Prothonotary is similar to that of the master. In some countries,
736-874: The South Australian Constitution of 1856 was invalid, causing the Imperial Parliament to pass the Colonial Laws Validity Act 1865 . Boothby was removed as a justice of the Supreme Court in July 1867. He appealed to the Privy Council in England but died before his appeal could be heard. During Boothby's time on the Court, the first Queen's Counsels were appointed and the first circuit sittings of
782-659: The Supreme Court of British Columbia , Court of King's Bench of Alberta , and the Court of King's Bench of Manitoba . There are part-time taxing masters in the Supreme Court of Newfoundland and Labrador . There is a similar office of prothonotary in the Supreme Court of Prince Edward Island and in the Federal Court. In September 2021, the Ontario Superior Court of Justice changed the title of "case management master" to "associate judge". The jurisdiction of
828-405: The authority to adjudicate legal disputes between parties and carry out the administration of justice in civil , criminal , and administrative matters in accordance with the rule of law . In both common law and civil law legal systems , courts are the central means for dispute resolution , and it is generally understood that all people have an ability to bring their claims before
874-412: The common law tradition. A master's jurisdiction is generally confined to civil proceedings and is a subset of that of a superior court judge or justice. Masters are typically involved in hearing specialized types of trials, case management, and in some jurisdictions dispute resolution or adjudication of specific issues referred by judges. Besides the courts of England and Wales, masters may be found in
920-637: The finders of fact (these are known as jury trials ) or trials in which judges act as both finders of fact and finders of law (in some jurisdictions these are known as bench trials ). Juries are less common in court systems outside the Anglo-American common law tradition. Appellate courts are courts that hear appeals of lower courts and trial courts. Some courts, such as the Crown Court in England and Wales, may have both trial and appellate jurisdictions. The two major legal traditions of
966-546: The Court is usually composed of a single judge. The Supreme Court hears appeals from the Magistrates Court of South Australia in both civil and criminal matters, and also from decisions of Supreme Court Masters and various other tribunals. In such cases, the Court ordinarily consists of a single judge. Particular judges may be designated to sit in the probate jurisdiction or assigned case management functions in respect of long and complex trials. The proceedings of
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#17328017976201012-568: The Court took place in country South Australia. In 1935 the Supreme Court Act commenced. The Court exercises both original and appellate jurisdiction in civil and criminal matters. The Court is a court of both law and equity . Though it has unlimited jurisdiction in civil matters, generally civil trials heard in the Court are those involving complex legal or factual issues or large sums of money. The Court also has exclusive jurisdiction in probate (wills & estates), meaning it
1058-635: The High Court in civil cases in the court's Court of First Instance. Under the Court Officers Act 1926, the Master of the High Court and taxing masters are not judges but rather " quasi-judicial office holders". In Canada the structure of the court system is primarily a provincial responsibility pursuant to s. 92 (14) of the Constitution Act, 1867 and the superior courts of the provinces have different names. Masters are found in
1104-477: The High Court only from decisions of the Full Court or Court of Criminal Appeal. Court A court is any person or institution , often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil , criminal , and administrative matters in accordance with the rule of law . The practical authority given to
1150-495: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply
1196-437: The Senior Courts Costs Office (Taxing Masters/Costs Judges) and their roles differ slightly. Such a person is addressed in court as Judge. In all other forms of correspondence, they should be addressed as 'Master Smith' whether the master is male or female. A similar type of master exists in the Court system of Northern Ireland , in several Canadian and Australian jurisdictions as well as in other countries whose court system
1242-599: The State. The Court, consisting of a single judge, in exceptional circumstances can travel on circuit to the rural centres of Mount Gambier and Port Augusta . Subject to statutory exceptions, an appeal is available by special leave to the High Court of Australia from all decisions of the Supreme Court of South Australia by virtue of s 73 of the Australian Constitution . Ordinarily, appeals are taken to
1288-533: The Supreme Court of South Australia are normally heard in Adelaide . In civil cases the Court normally sits in the old Supreme Court building, while criminal matters are generally heard in the Sir Samuel Way Building. (The two buildings are located across the road from each other, on the corner of Gouger Street and Victoria Square .) The Court is empowered to sit in any place, including outside
1334-405: The United States, the legal authority of a court to take action is based on personal jurisdiction over the parties to the litigation and subject-matter jurisdiction over the claims asserted. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur is known as
1380-500: The appointment of a second judge. As a result Justice Crawford was appointed. Justice Crawford was the first justice to wear a wig in court. Crawford died after only two years on the bench. Crawford was replaced by Justice Boothby . Boothby was a controversial judge who did not believe in the power of the colonial parliaments to enact laws. He arguably started the first constitutional crisis in Australian history when he ruled that
1426-538: The authority of traditional masters as well as additional jurisdiction to manage actions and engage in dispute resolution processes. They are appointed by Order in Council and can only be removed for cause by the Chief Justice following a formal disciplinary process. In Ontario the distinction between "chambers" and "court" has been abolished. When associate judges preside they sit as the court and their function
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1472-686: The authority over the said subject of legal cases involved in a case, and lastly territorial jurisdiction is the authority over a person within an x amount of space. Other concepts of jurisdiction include general , exclusive , appellate , and (in the United States federal courts ) diversity jurisdiction . Courts may be organized into a hierarchy of courts and have specific jurisdiction and include specialized courts . Trial courts are courts that hold trials . Sometimes termed "courts of first instance", trial courts have varying original jurisdiction . Trial courts may conduct trials with juries as
1518-462: The court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on the Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done;
1564-431: The court is known as its jurisdiction , the court's power to decide certain kinds of questions or petitions put to it. There are various kinds of courts, including trial courts that hold trials and appellate courts that hear appeals . Two major legal traditions of the western world are the civil law courts and the common law courts. A court is any person or institution , often as a government institution, with
1610-592: The end of the eleventh century and became a foundation for university legal education starting in Bologna, Italy and subsequently being taught throughout continental European universities. Civil law is firmly ensconced in the French and German legal systems . Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066. The royal judges created
1656-405: The full level of security of tenure afforded to federally appointed judges. In Alberta, British Columbia and Manitoba, masters have the same terms of appointment as provincial judges. This was formerly the case in Ontario as well but after the High Court of Justice and District Courts were merged, in 1986 a new office of Case Management Master was created. In Ontario, associate judges have all of
1702-434: The judicial system and are generally private arbitrators , are depicted within the court show genre; however, the courts depicted have been criticized as misrepresenting real-life courts of law and the true nature of the legal system. Notable court shows include: Master (judiciary) A master is a judge of limited jurisdiction in the superior courts of England and Wales and in numerous other jurisdictions based on
1748-500: The master has the same effect as a decision of a Justice of the High Court within the division of the court to which the master is appointed. The role of a master in the High Court of Justice of England and Wales is concerned primarily with trial and case management of High Court civil claims in London excluding committals to prison, judicial review and criminal cases. There are masters in the King's Bench Division, Chancery Division and
1794-521: The office of master has been renamed to Associate Judge. To date, this has occurred in several Australian States, in New Zealand and in the Canadian province of Ontario. In England and Wales a master is a judge in the Chancery and King's Bench Divisions of the High Court exercising jurisdiction in civil matters. When the master presides over a matter within her or his jurisdiction, the decision of
1840-752: The rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law. In recent years, international courts are being created to resolve matters not covered by the jurisdiction of national courts. For example, the International Criminal Court , based in The Hague , in the Netherlands, or the Court of Permanent Lok Adalat (Public Utility Services), based in India. Television show courts, which are often not part of
1886-493: The settlement of the colony. The Court was endowed with all the common law and probate jurisdiction of the courts of Westminster . The first sessions of the Court were not held until May 1837, presided over by Sir John Jeffcott , the first judge of the court. (The title of Chief Justice was not officially introduced until the coming into force of Act No 31 of 1855-1856.) After Sir John's death in December 1837, Henry Jickling
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1932-627: The superior court, Masters are concurrently subordinate to the judges of that court insofar as application of judicial precedent is concerned. Masters commonly also sit as Registrars in Bankruptcy. In the Federal Court of Canada, a judicial officer with much the same powers as a Master was formerly called a Prothonotary , but is now called Associate Judge. Traditionally a Master is referred to as "Master Smith" or, in court, as "Master". In some jurisdictions, Masters or associate judges are now referred to as "your honour". Masters and Prothonotaries are independent judicial officers although they do not have
1978-490: The title of King's Remembrancer which is the oldest continuous judicial office in England. In the Inns of Court , the members of the governing body are known as "Masters of the Bench" or, more commonly, "benchers". In the context of the functions they perform in that capacity (but not otherwise) they will be known as, for example, "Master Smith" (whether they are male or female). This will be so even if in other contexts they use
2024-413: The western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture, although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman law , specifically a civil body of law entitled Corpus Juris Civilis . This theory of civil law was rediscovered around
2070-467: Was appointed as an acting judge. Although appointed as a caretaker judge, Jickling was responsible for two important developments: he codified the testamentary causes jurisdiction of the court and admitted the first practitioners of the Supreme Court in March 1838. Justice Jeffcott's permanent replacement on the Court was Sir Charles Cooper . Reports of ill health prompted Governor Henry Young to ask for
2116-413: Was established by Letters Patent on 2 January 1837, five days after the colony was founded. The Court is unique among Australia's state supreme courts in that it was established at the foundation of the colony of South Australia, as the notion of a supreme court was a part of the colony's founder, Edward Wakefield's theory of colonisation. Other Australian colonies only established their courts long after
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