reasons for the victorian court hierarchy (civil) - 3.2.5

Question 1

what are the two main reasons for the victorian court hierarchy in civil law?

Answer 1

1. administrative convenience
2. appeals

Question 2

what is administrative convenience?

Answer 2

when cases are distributed based on complexity and seriousness. through this the county and supreme court can manage their time allocations easier

Question 3

what are appeals? what are grounds in a civil case?

Answer 3

when a person is dissastisfied with the outcome they can appeal if they have the grounds to do so.
grounds:
- a point of law: when a law was not followed in court
- a question of fact: whther the facts of the case has been applied appropriately
- the remedy awarded: he way in which the court enforced a right

Question 4

what if there was no court hierarchy?

Answer 4

a decision cannot be reviewed creating unfairness. with a court hierarchy it allows for a more superior court with expertise to review the decision.

Question 5

what is the civil original jurisdiction of the courts?

Answer 5

mag: claims of up to $100,000
county/supreme(trial division): unlimited in all claims
supreme(court of appeals): no original jurisdiction

Question 6

what is the civil appellate jurisdiction of courts?

Answer 6

mag: no jurisdiction
county court: has to be given power under a specific Act of Parliament
supreme court (trial division): on question of law from mag and from VCAT
supreme court (court of appeals):
- appeals from county/supreme court
- on a question of law from mag court when the chief magistrate made the order
- on a question of law from VCAT when the president or vice president made the order