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Jurisdiction of Criminal Courts Chapter 7

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12 Questions

What are the two foundational principles of jurisdiction discussed in the text?

Effectiveness and territoriality

How are lower and superior courts distinguished in terms of jurisdiction?

By the type of offence they can adjudicate on

What determines a court's jurisdiction according to the common-law doctrine of effectiveness?

Whether the crime occurred within its geographical area

Which court enjoys original jurisdiction over all criminal offences?

High Court

What types of courts may adjudicate only on criminal offences specified in the Magistrates’ Courts Act?

High Courts and District Magistrates' Courts

In which type of court would the severity of an offence play a significant role in determining jurisdiction?

High Court

What is the maximum sentence a regional court can impose?

15 years

Which court has jurisdiction over all offences except rape, murder, and treason?

Regional Court

Who enjoys appeal and review jurisdiction over lower courts according to the Superior Courts Act?

High Court

In what situations may a South African court assume jurisdiction even if only some elements of an offence have occurred within its boundaries?

When the last element necessary to constitute an offence occurs within its territorial jurisdiction

What is the sentencing limitation for a District Court?

3 years

What type of offences fall within the jurisdiction of a South African court even if committed in a foreign country?

Certain common-law and statutory offences

Explore the concept of jurisdiction in criminal courts, including adjudicative and enforcement/sentencing jurisdiction. Learn about foundational principles such as effectiveness and territoriality, and how courts have authority over specific geographical areas. Distinguish between lower and superior courts based on their types of jurisdiction.

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