Unit 3 AOS 1 : The victorian criminal justice B Flashcards
1
Q
Victorian Court Hierarchy
A
- A ranking of courts based upon the severity and complexity of the cases in which they adjudicate.
-Each court has its own jurisdiction
2
Q
Jurisdiction
A
The legal authority to decide legal cases
2
Q
Original jurisdiction
A
The power of a court to hear a case for the first time
3
Q
Appellate jurisdiction
A
The power of a court to hear a case on appeal
4
Q
Reason for Vic Court Hierarchy
A
Specialisation and Appeal
5
Q
Specialisation
A
- The level of expertise gained by the judge/ magistrate which is developed from hearing the same matters repeatedly
- Allows the judge/ Magistrate to resolve disputes in a more convenient, efficient and fair manner
- E.g
Supreme court- Judge develops specialisation in in elements of a crimes
6
Q
Appeal
A
- The application/ process to have a higher court review a ruling/ decision/ judgement
- Allows dissatisfied with a judgement to take the matter to a higher court for review
7
Q
Strengths of Specialisation/ Appeals
A
- Specialisation allows for more efficient processes and saves resources
The existence of the court hierarchy allows both parties to appeal their decision to a higher court
8
Q
Weaknesses of Specialisation/ Appeals
A
- The existence of many courts may be confusing for ordinary people with out a knowledge of the justice system
- Court hierarchy doesn’t allow for automatic right to appeal
9
Q
Key Personnel in the legal system
A
The judge, the Jury and the Parties
10
Q
Role of the judge
A
- Must be an unbiased individual, cannot favour one side and cannot have apprehended bias