The reasons for the Vic court hierarchy CIVIL JS Flashcards
What is the court hierarchy
Courts ranked based on severity and complexity of the cases they hear
Magistrates court Civil jurisdiction
Claims of up to 100,000 with no appellate jurisdiction
County court civil jurisdiction
Unlimited in all civil claims and no appeals unless act of Parliament gives it power
Reasons for a court hierarchy in the CIVIL JS
Specialisation, appeals, administrative convenience and precedent
Administrative convenience
Distributing of cases based on the seriousness and complexity of the cases
Allows for allocation of resources and creation of processes based on the nature of cases
This allows for efficiency
Appeals
Higher courts able to review decisions of lower courts
Both parties can appeal
appeals on question of law, question of fact or remedy awarded
Leave to appeal often required
Strengths of a court hierarchy
Allows for efficiency in the way cases are resolved
Allows for the errors to be corrected through appeals
Weaknesses of a court hierarchy
Can be confusing and complex for some people
Generally no automatic right to appeal