The Victorian Court System Flashcards
Jurisdiction
Jurisdiction refers to the power that courts have to hear cases arising from particular areas of law. It indicates the type of cases that courts can hear and adjudicate on, for example minor cases or more serious cases. Jurisdiction can also refer to the geographical boundaries of a court’s powers. For example, the Supreme Court of Victoria can only hear cases that relate to Victoria.
Original jurisdiction
When a matter is taken to court for the first time, it is known as the court of first instance. The court is sitting in its original jurisdiction. The court has the power to hear the particular case for the first time. A case heard in the Magistrates’ Court is known as a hearing and a case heard in the higher courts is known as a trial.
Appellate jurisdiction
If a party to a court case is not happy with the decision and wishes to challenge it, and there are sufficient grounds, the case can be taken to a higher court on appeal. When the court is hearing an appeal, it is sitting in its appellate jurisdiction. The person bringing the appeal is known as the appellant and the other party is the respondent. There is no jury when in a appellate jurisdiction.
Grounds for appeal can include:
• on a point of law (where some law has not been followed; for example, the court was allowed to
hear inadmissible evidence)
• on conviction (only in criminal cases)
• on the severity of the sentence (in criminal cases) or the remedy awarded (in civil cases).
Court hierarchy
Victorian courts, like those in the other states, are arranged in a court hierarchy. That is, they are graded in order of importance and severity of cases heard, with the High Court being the highest court dealing with the most complex issues. The Magistrates’ Court is at the bottom of the hierarchy and deals with less serious issues.
4 reasons/advantages for the court hierarchy
The four main reasons for a court hierarchy are the use of the doctrine of precedent, appeals, administrative convenience and specialisation.
Doctrine of precedent
The court hierarchy is at the heart of the doctrine of precedent. The doctrine of precedent means that decisions made by higher courts shall be binding on lower courts in the court hierarchy when deciding cases of similar fact. Without a court hierarchy, the doctrine of precedent could not operate.
Appeals
Someone who is dissatisfied with a decision can, if there are grounds for appeal, take the matter to a higher court. This provides fairness and should allow any mistakes to be corrected. If there were no higher courts in the court hierarchy, a system of appeals could not operate and this may create unfairness if cases were incorrectly determined by a court.
However It could be said that there are too many appeals.
Administrative convenience
A court hierarchy allows for the distribution of cases according to their seriousness with the more serious and complex cases being heard in the higher courts. These take longer to hear and require judges with expertise in complicated areas of law. Minor cases are heard quickly in the lower courts. Court personnel are allocated to courts according to their level of expertise and experience.
It could, however, be argued that every matter, small or large, is very important and serious to the parties involved and that the parties should therefore be entitled to the same expertise. More administrative personnel needed to run the different courts.
Specialisation
The lower courts are familiar with the smaller cases that need to be dealt with quickly and efficiently. The higher courts develop expertise in hearing complex cases involving major crimes or large sums of money. Other specialist courts such as the Children’s Court and the Family Court have been developed to deal with specialised areas of law.
However there are more courts – a single court would be easier for people to find, as all matters would be heard at the same place.
Case transfers
While courts tend to hear mainly the cases within their jurisdictions stated above, it is possible for cases to be transferred between the Magistrates’ Court, County Court and Supreme Court on the decision of the chief justice of the Supreme Court. This may be done due to the seriousness or complexity of the case, or to spread the workload.
