Court Hierarchy Flashcards
Appellate jurisdiction
Is the power of court to review decisions and change decisions in lower courts
Original jurisdiction
Is the power of court to hear a case for the first time as opposed to appellate
Mediation
Aims at assisting parties in exchanging information, ideas and alternatives. The mediator takes on a neutral role to help reach a decision this decision is not enforceable and legally binding to the court
Conciliation
Make suggestions about the dispute is actively involved with the agreement and is not enforceable or legally binding to the court
Arbitration
Makes decisions in favor of one party is legally binding takes in claims under $10,000 and is conducted in a similar way to court
Judicial determination
Decisions made by judicial officers either magistrate or judge is conducted in a similar way as courts and is legally binding and enforceable
Pretrial procedures
Letter of demand, writ,notice of appearance,pleadings, discovery process, directions hearing, certificate of readiness
Letter of demand
Plaintiff gaining resolution before court the letter of demand is written by the solicitor sent to the defendant outlining the plaintiffs demands and given 14 days to meet the demands
Writ
Explains actions being taken against defendant address of both the plaintiff and the defendant and served to the defendant
Notice of appearance
Written by the defendant stating the defendant wishes to defend the matter
Pleadings
Statement of claim: Accompanies the writ discussing the outcome sought by the plaintiff
Defense: defense towards plaintiffs statement of claim
Counterclaim: is the defendants claim against the plaintiff stating the plaintiff is partly at fault
Discovery process
This allows potties to find for the information it includes Interrogatories. Which is a list of questions about the case which potties ask each other, notices discovery where One party may ask the other party to disclose relevant documents, oral and medical examination with one Party may ask the other party to undergo an examination
Directions hearing
This is when the call is involved in pretrial stages and may give parties Direction to conduct The trial in an effective and timely manner
Civil remedies
Damages, Comppemsatory, Nominal, exemplary, contemptuous, injunction, specific performance, rescission
Damages
Permanent damage caused when the wronged May I ask for sum of money as compensation
Compensatory
Special: compass items including wage, Hospital cost and medical expenses.
General: compensates for pain and suffering a suitable amount is given
Nominal
Awarded by the court if the defendant has breached the plaintiffs rights however no loss or injury is caused
Exemplary [punitive]
When the court believes the defendant acted in a negligent way the court wishes to defer from other
Contemptuous
The plaintiff has a valid claim but the court is not sympathetic the plaintiff wins but makes a mockery of the situation.
Injunction
Restrictive: stopping someone from doing something
Mandatory: making someone do something
Specific performance
Compel someone to complete that part of the contract
Rescission
When one party breaches part of the contract the other party may be released from the contract
Difficulties when resolving civil disputes
Ignorance of law and legal assistant: different cultures can be ignorant to legal systems
Language: legal language on contracts can mean ignorance and lack of understanding to what a person is signing
Access to professional representation: when someone is intimidated by lawyers, Uncomfortable explaining their problems, may not have money.
Appeals
Magistrate and VCAT: trial division County Court: Court of Appeal Supreme court: Court of Appeal Court of appeal: High Court Family and children court: Haeckel out
Court hierarchy- magistrate
Magistrate: claims up to 100,000 go to magistrate. They have no appellate jurisdiction.
Court hierarchy – County court
Claims up to 200,000. They choose their cases. They have no appellate jurisdiction.
Court hierarchy – Supreme Court
Choose their cases, have no appellate jurisdiction trial division and Court of Appeal are part of Supreme Court
Court hierarchy – High court
Final court appeal, no appellate jurisdiction as they are federal court
Role of the court hierarchy
- it allows Courts to develop expertise.
- it provides a more efficient use of resources
- it is essential to operation of precedent
- it allows appeals
