Court Hierarchy

Question 1

Appellate jurisdiction

Answer 1

Is the power of court to review decisions and change decisions in lower courts

Question 2

Original jurisdiction

Answer 2

Is the power of court to hear a case for the first time as opposed to appellate

Question 3

Mediation

Answer 3

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

Question 4

Conciliation

Answer 4

Make suggestions about the dispute is actively involved with the agreement and is not enforceable or legally binding to the court

Question 5

Arbitration

Answer 5

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

Question 6

Judicial determination

Answer 6

Decisions made by judicial officers either magistrate or judge is conducted in a similar way as courts and is legally binding and enforceable

Question 7

Pretrial procedures

Answer 7

Letter of demand, writ,notice of appearance,pleadings, discovery process, directions hearing, certificate of readiness

Question 8

Letter of demand

Answer 8

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

Question 9

Writ

Answer 9

Explains actions being taken against defendant address of both the plaintiff and the defendant and served to the defendant

Question 10

Notice of appearance

Answer 10

Written by the defendant stating the defendant wishes to defend the matter

Question 11

Pleadings

Answer 11

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

Question 12

Discovery process

Answer 12

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

Question 13

Directions hearing

Answer 13

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

Question 14

Civil remedies

Answer 14

Damages, Comppemsatory, Nominal, exemplary, contemptuous, injunction, specific performance, rescission

Question 15

Damages

Answer 15

Permanent damage caused when the wronged May I ask for sum of money as compensation

Question 16

Compensatory

Answer 16

Special: compass items including wage, Hospital cost and medical expenses.
General: compensates for pain and suffering a suitable amount is given

Question 17

Nominal

Answer 17

Awarded by the court if the defendant has breached the plaintiffs rights however no loss or injury is caused

Question 18

Exemplary [punitive]

Answer 18

When the court believes the defendant acted in a negligent way the court wishes to defer from other

Question 19

Contemptuous

Answer 19

The plaintiff has a valid claim but the court is not sympathetic the plaintiff wins but makes a mockery of the situation.

Question 20

Injunction

Answer 20

Restrictive: stopping someone from doing something
Mandatory: making someone do something

Question 21

Specific performance

Answer 21

Compel someone to complete that part of the contract

Question 22

Rescission

Answer 22

When one party breaches part of the contract the other party may be released from the contract

Question 23

Difficulties when resolving civil disputes

Answer 23

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.

Question 24

Appeals

Answer 24

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

Question 25

Court hierarchy- magistrate

Answer 25

Magistrate: claims up to 100,000 go to magistrate. They have no appellate jurisdiction.

Question 26

Court hierarchy – County court

Answer 26

Claims up to 200,000. They choose their cases. They have no appellate jurisdiction.

Question 27

Court hierarchy – Supreme Court

Answer 27

Choose their cases, have no appellate jurisdiction trial division and Court of Appeal are part of Supreme Court

Question 28

Court hierarchy – High court

Answer 28

Final court appeal, no appellate jurisdiction as they are federal court

Question 29

Role of the court hierarchy

Answer 29

• it allows Courts to develop expertise.
• it provides a more efficient use of resources
• it is essential to operation of precedent
• it allows appeals