First instance jurisdiction

A court may have first instance jurisdiction, which means that it hears cases for the first time it may have appellate jurisdiction which means that a case is heard on appeal or a court may have both. 

The court most used is the local Sheriff Court which has wide civil and criminal jurisdiction. Civilly it may sit as a court of first instance or as a court of appeal (to the Sheriff Principal from a sheriff s decision). For criminal cases the sheriff sits with a jury for trials on indictment, and alone to deal with less serious offences prosecuted on complaints, when its jurisdiction encompasses that of the restricted district court. 

Some Robens-based OHS legislation provides a process for issue resolution where a workplace has not agreed on its own process. This is often presented in the form of a flowchart. The usual advice to employees if they have an OHS problem is to raise it with their supervisor in the first instance. Where an atmosphere of tmst prevails this is good advice. However, if the employee feels that raising an issue may result in discrimination, the employee may rightly prefer to go through the health and safety representative, or a union. The health and safety representative or a union may resolve the issue with management or it may be dealt with by the health and safety committee. If it cannot be resolved, an OHS inspector may be asked for a determination and issue a notice. Further review by heads of OHS authorities, or courts varies with the particular jurisdiction. In New Zealand, for example, the District Court resolves disputed notices. 

To obviate the objections made to the judicial power it has been said, that the Congress, in forming the regulations and exceptions which they are authorised to make respecting the appellate jurisdiction, will make provision against all the evils which are apprehended from this article. On this I would remark, that this way of answering the objection made to the power, implies an admission that the power is in itself improper without restraint, and if so, why not restrict it in the first instance. 

There are generally minimum requirements for first aid facilities and the provision of medical aid prescribed under each jurisdiction s regulations. In many instances, these provisions would prove to be inadequate. Particular reference must always be made to the nature of the work and the availability of support for the injured. 

In every instance of extra territorial jurisdiction, there are two issues to be considered the first is whether the State or group of States has the authority to exercise extra territorial jurisdiction and the second is, whether the exercise of that authority reasonable (taking into consideration the law concerned and the potential foreign policy conflicts). 

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