Law Unit One B

Question 1

Define court hierarchy

Answer 1

Courts are ranked in the order of importance from lowest to highest according to the seriousness of the cases they hear.

Question 2

Define jurisdiction

Answer 2

The authority or power of a court to decide legal cases.

Question 3

Define appeal

Answer 3

An application to have a higher court review a decision.

Question 4

What are the reasons for a court hierarchy?

Answer 4

Specialisation and appeals.

Question 5

What is specialisation?

Answer 5

Courts are able to develop expertise in particular areas of the law, and handle cases more efficiently as a result.

Question 6

What is appeals?

Answer 6

When a party is unhappy with an outcome in court, they are able to appeal to a higher court to have their case reconsidered.

Question 7

What is the Victorian Court Hierarchy?

Answer 7

The High Court
The Supreme Court of Appeals
The Supreme Court - Trial Division
County Court
Magistrates’ Court

Question 8

Describe the Magistrates’ Court

Answer 8

The lowest and busiest court in the Victorian hierarchy.

It deals with about 90% of all Victorian cases, approximately 300,000 per year.

Cases are presided over by a Magistrate.

There is no jury.

There are no appeals heard as this is the lowest court.

Question 9

What are the criminal and civil jurisdictions for the Magistrates’ Court?

Answer 9

All minor criminal matters

Examples are theft (under $100,000), assault, speeding, drug possession.

All minor civil matters, ie where the amount is less than $100,000.

Question 10

Describe the County Court

Answer 10

The middle tier court in the Victorian hierarchy.

It deals with about 12,000 cases per year.

Cases are heard by a judge.

Criminal cases will have a jury of 12.

Civil cases may have a jury of 6.

May hear some appeals from the Magistrates’ Court.

Question 11

What are the criminal and civil jurisdictions for the County Court?

Answer 11

All serious criminal matters except murder.

An example is armed robbery.

All civil disputes with an unlimited amount of money.

Question 12

Describe the Supreme Court - Trial Division

Answer 12

Cases are heard by a judge.

Criminal cases will have a jury of 12.

Civil cases may have a jury of 6.

May hear some appeals from the Magistrates’ Court.

No jury for appeals.

Question 13

What are the criminal and civil jurisdictions for the Supreme Court - Trial Division?

Answer 13

All serious criminal matters but specialises in the most serious like murder.

All civil disputes with an unlimited amount of money.

Question 14

Describe the Supreme Court of Appeals

Answer 14

Hears all appeals from the County and Supreme Court Trial Division (where an appeal has been granted or seen as worthy).

Cases heard by 3 judges.

No juries.

These decisions can set precedents.

Question 15

What are the criminal and civil jurisdictions for the Supreme Court of Appeals?

Answer 15

All relevant appeals.

Question 16

Describe the High Court

Answer 16

Hears all appeals from the Supreme Court of Appeal Victoria, and the equivalent in all other states.

Can hear disputes over the constitution or disputes between governments, e.g. state and federal.

Cases heard by up to 7 judges.

No juries.

These decisions can set precedents.

Question 17

What are the criminal and civil jurisdictions for the High Court?

Answer 17

All relevant appeals.

Question 18

What are the purposes of the Constitution?

Answer 18

Establishes a federal system to apply laws to the entire country.
Created and set out the laws for the Commonwealth parliament (e.g. how a bill is passed).
Outlined the structure of parliament (e.g. two houses of parliament).
Created the High Court to resolve disputes.
Protected some rights (only limited) such as preventing the government from imposing a religion.

Question 19

Describe exclusive powers and examples

Answer 19

The laws which are only the responsibility of the Commonwealth.

Examples are currency (ie Australian dollar), defence and the military.

Question 20

Describe concurrent powers and examples

Answer 20

The laws for which the responsibility is shared between the Commonwealth and the states.

Examples are tax, the federal government and the states are able to tax their citizens.

Question 21

Describe residual powers and examples

Answer 21

Any law not mentioned in the constitution is the responsibility of the state parliaments.

Examples are education, public transport and hospitals.

Question 22

Describe the Referendum process

Answer 22

The proposed change to the constitution is presented to one house of parliament.

This house votes on the change.

If approved, it moves to the second house for another vote.

The proposed change is then put to the Australian people in a compulsory vote - Yes or No.

There must be a double majority of voters voting YES for the referendum to be successful.

Question 23

Describe the double majority requirement

Answer 23

A national majority (more than half) of voters from all states and territories vote YES.

A majority (more than half) of voters in at least four of the six states vote YES.

Question 24

Strengths of the Referendum process

Answer 24

Requires voter support, so the government cannot just change the constitution as it pleases.

The compulsory vote means that change only happens when a true majority of Australian voters vote for the change.

The double majority means that change only happens when there is clear and widespread support.

Question 25

Weaknesses of the Referendum process

Answer 25

If voters are disinterested or don’t understand the change, they may just vote NO.

A referendum is unlikely to succeed without the support of both major political parties.

The double majority provision is very difficult to achieve.

To save money and for convenience referendums are usually held with an election [more concerned about election than referendum].

Question 26

Describe one important Australian Referendum

Answer 26

The 1967 referendum went on to become what is still Australia’s most successful public vote in history.

More than 90 per cent of Australians voted “yes” to change the constitution, the country’s founding document, and grant more rights for Aboriginal and Torres Strait Islander people.

Section 127 of the constitution, which said Aboriginal people should not be counted in the census, was removed completely.

A reference to Aboriginal people was removed from section 51, which had prevented the Commonwealth Parliament from making laws to specifically benefit Indigenous people.