2016 Practice Exam Questions Flashcards
Appellate Jurisdiction.
Refers to the power a superior court has to hear a case on appeal from a lower court, which includes the power to reverse or modify the lower court’s decision.
Warrant.
A written order from a magistrate directing police to search a person’s premises, seize a person’s goods or arrest a person.
Original Jurisdiction.
The authority which a court has to hear a case for the first time.
Jury.
A group of ordinary men and women who are randomly selected from the electoral roll to sit in court and who are sworn in to give a verdict based on the evidence presented.
When are juries used in criminal cases?
Juries are empaneled in the County or Supreme Court when the accused pleads not guilty to committing an indictable offence.
Explain what being excused, disqualified and ineligible for jury duty is.
Excused - If a person has ‘good cause’ to be excused (Eg. Mental or physical disability).
Disqualified - A person is disqualified from jury service due to a prior criminal conviction for an offence or are on bail or remanded for an alleged offence.
Ineligible - When a person can’t speak English, has an intellectual disability or has been in employed within in the legal system in the past 10 years.
Victorian Charter of Human Rights and Responsibilities.
An Act of Parliament that sets out the basic human rights, freedoms and responsibilities of all people in Victoria.
What is a committal hearing?
A criminal pre-trial procedure conducted in the Magistrates’ Court for indictable offences with the purpose of determining whether there is sufficient evidence to support a conviction if the case proceeds to a higher court.
List three ways in which a crime can impact an individual.
- Physical and psychological problems
- Financial problems
- Lifestyle problems (Eg. Concerns about personal safety)
