laws and citizens - Australia's legal system Flashcards

1
Q

Magistrates Court of Victoria - including Koori Court, Children’s Court and Coroner Court

A

criminal case - the courts criminal jurisdiction hears less serious charges which are heard and decided by a magistrate, including traffic offences, minor assaults, property damage. some indictable offences may also be heard and decided by a magistrate if the accused agree.
civil case - in civil matters, such as negligence claims, contract disputes and claims for repair and injury from car accidents, the magistrates court can decide most disputes about money or property up to the value of $100 000.

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2
Q

County Court of Victoria

A

criminal case - cases in the county court may be heard by a judge and jury. the judge in the county court can decide wether to agree with magistrates decision or make a different one.
civil case - the county court deals with more serious crimes and with claims for amounts over $100 000.

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3
Q

The Supreme Court of Victoria

A

criminal case - the criminal jurisdiction of the Trial Division is to hear the most serious criminal cases such as murder and attempted murder. a judge and jury hear all cases in which the defendant pleads not guilty. the jury will make the final decision regarding guilt or innocence and the judge will determine the sanction.
civil case - the civil jurisdiction of the Trial Division includes civil actions for unlimited amounts or involving complex legal issues.

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4
Q

High Court of Australia

A

the functions of the high court of Australia are to interpret and apply the law of Australia; to decide cases of special federal significance including challenges to the constitutional validity of laws and to hear appeals, by special leave, from federal, state and territory courts.

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