4.5 The Victorian Court Hierarchy Flashcards
Jurisidiction
the lawful authority (or power) of a court, tribunal or other dispute resolution body to decide legal cases
Original Jurisdiction
the power of a court to hear a case for the first time (i.e. not on appeal from a lower court)
Appellate Jurisdiction
the power of a court to hear a case on appeal
Committal Proceeding
the pre-trial hearings and processes held in the Magistrates’ Court for indictable offences. Purpose is to determine whether there is sufficient weight of evidence to support a conviction at trial.
Appeal
an application to have a higher court review a ruling (decision)
Appellant
a person who appeals against a decision (i.e. a person who applies to have the ruling of a lower court reviewed or reversed by a higher court)
Respondent
the party against whom an appeal is made
Statute
a law made by parliament; a bill which has passed through parliament and has received royal assent (also known as legislation or an Act of Parliament).
Specialisation
the ability of courts to develop expertise and dedicated knowledge in the areas of law that fall within their jurisdiction, and disputes that they hear on a regular basis. Specialisation exists in the knowledge and expertise of judicial officers and court personnel.
What are the reasons for a Court Hierarchy
Criminal:
* Specialisation
* Appeals
Civil:
* Doctrine of Precedent
* Administrative Convenience
What do the Crim. Courts Specialise in?
Magistrates: summary offences + committal proceedings & self represented people
County: particular indictable offences (sex, drugs, rock & roll)
Supreme TD: most serious indictable cases + trial processes
Supreme Appeal: determining appeals in indictable offences + sentencing principles
Coroners: investigating suspicious deaths (only AUS inquistorial system)
Childrens: self-explanatory
What Laws outline the Jurisdiction of Courts
s25(1) Magistrates’ Court Act 1989 (Vic) - summary
s36A County Court Act 1958 (Vic) - all non-summary offnces except treason, murder, burglary with intent to kill, attempted murder (s3/10/11/13)
Supreme Court Act 1986 (Vic)
What is the Original Jurisdiction of the Courts
Magistrates: Summary Offfences, Indictable Heard Summarily, Committal
County: Indictable Offences (but murder, attempted murder, treason, burglary with intent to kill, corporate offences
Supreme TD: most serious indictable offences (the ones county can’t)
Supreme Appeal: none
Outline the appellate jurisdiction of the Courts
Magistrates: none
County: magistrates on conviction or sentence
Supreme TD: magistrates on point of law
Supreme Appeal: County or Supreme TD, Magistrates where Chief Magistrate decided case
What are the strengths/weaknesses of a court hierarchy
S: Specialisation, appeal
W: confusing, with lots of different courts; particularly with committal hearings; no automatic right to appeal - needs grounds (difficult for self-represented)
