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Indicate the correct statement:

"Court of first instance" and "court a quo" refer to the court which has heard the case for
the first time
(2) The Magistrate court is always a court of first instance for all serious crimes including
treason
(3) The High court would be the court a quo in relation to the Constitutional court when the
matter is appealed to the Supreme Court of Appeal
(4) The Constitutional Court would never be the court a quo

User Tjuzbumz
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1 Answer

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Final answer:

The term 'court of first instance' and 'court a quo' both refer to the original jurisdiction of a court where a case is first heard. While the Magistrate court often serves as a first instance court, it does not always hear all serious crimes, and the Constitutional Court is generally an appellate court but can be a court of first instance under specific circumstances.

Step-by-step explanation:

The correct statement regarding the terms 'court of first instance' and 'court a quo' is that they refer to the court which has heard the case for the first time. This is indicative of a court's original jurisdiction, where a case is initially tried or adjudicated. Specifically, a 'court of first instance' exercises original jurisdiction, handling a case at its inception, before any appeals, while 'court a quo' generally describes the court from which a case is being appealed.

The Magistrate court, as a court of first instance, may not always hear all serious crimes including treason, as certain crimes may fall under the jurisdiction of higher courts, depending on the legal system in question. In the context of appellate courts, the High Court could indeed be the 'court a quo' if a matter is being appealed to a higher court such as the Supreme Court of Appeal. Lastly, the Constitutional Court is typically an appellate court and not a 'court a quo'; however, it may serve as a 'court of first instance' in rare instances, such as those involving constitutional issues that are directly taken to this court without first being heard by a lower court.