Unit 4: AOS 1- Court Hierachy

Question 1

Reasons for exsistence of a court hierarchy-

Doctrine of Precedent

Answer 1

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 sa,e court hierarchy when deciding on cases of similar fact. Without a court hierarchy, the doctrine of precedent could not operate.

Question 2

Reasons for exsistence of a court hierarchy- Appeals

Answer 2

If a party to a disuse is dissatisfied with a decision, and there are grounds, they may take the matter to a higher court for review. This provides fairness and allows for any mistakes to be rectified. Without a court hierarchy, the system of appeals could not operate.

Question 3

Reasons for exsistence of a court hierarchy-Administrative Convience-

Answer 3

A court hierarchy allows for the distribution of cases according to their seriousness with 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.

Question 4

Reasons for a court hierarchy: Strengths

Answer 4

• Allows the doctrine of precedent to operate which created consistency and predictability.
• Allows the operation of appeals to superior courts.
• Administrative convenience: more serious and complex cases heard in a higher courts by more experienced judges
• Specialisation: the courts are able to specialise in their particular area of law.
• Fewer delays are likely because less complicated cases are heard in the lower courts and are now mixed with more complicated cases.

Question 5

Reasons for a court hierarchy: Weaknesses

Answer 5

• A precedent from a higher court may be distinguished by a lower court, or a binding precedent from a higher court may not be appropriate to the circumstances before the lower court.
• It could be said that there are too many appeals
• More administrative personnel needed t run the courts.
• There are more courts- a single court would be easier for people to find, as all the matter would be heard at the same place.
• Parties to cases in lower courts are not receiving the same high level of judicial expertise as parties in higher courts.

Question 6

Where is the Magistrates court in the court hierarchy?

Answer 6

It is the lowest court in the court hierarchy

Question 7

Who are the cases presided over in the Magistrates court?

Answer 7

They are presided over by a magistrate

Question 8

What type of jurisdiction does the Magistrates Court have?

Answer 8

Original civil and criminal jurisdiction

but NO APPELLATE JURISDICTION

Question 9

What is the original criminal jurisdiction for the Magistrates Court?

Answer 9

The original criminal jurisdiction of the Magistrates Court is that they are able to hear summary offences (e.g traffic offences), indictable offences (e.g drug trafficking of a small quantity), bail applications, committal proceedings and the issuing of warrants. These cases are presided over by a magistrate

Question 10

What is an indictable offence

Answer 10

Indictable offences are serious offences that can be tried before a judge and jury in the superior courts such as the County Court and the Supreme Court.

Question 11

What is a summary offence

Answer 11

Summary offences are minor criminal offences such as road traffic offences and minor assault. Summary offences are heard in the Magistrates Court.

Question 12

Define Original Jurisdiction

Answer 12

Original jurisdiction is the power of the court to hear cases in first instance. The matter is taken to court for the first time, it is also known as the court of first instance.

Question 13

Define Appellate Jurisdiction

Answer 13

Appellate Jurisdiction is the power of a court to hear cases on appeal. When the court is hearing an appeal, it is sitting in it’s appellate jurisdiction. There is no jury when a court is sitting in it’s appellate jurisdiction. Sum

Question 14

What is the original criminal jurisdiction of the County Court? Who are they presided over by?

Answer 14

The original jurisdiction in the County Court for criminal cases is it has the power to hear most indictable offences such as rape, however they cannot hear the most serious indictable offences. The original criminal cases in the Couty CO

Question 15

What type of jurisdiction does the County Court have?

Answer 15

They have both original jurisdiction in both criminal and civil matters but only criminal appellate jurisdiction.

Question 16

What type of jurisdiction does the County Court have?

Answer 16

They have both original jurisdiction in both criminal and civil matters but only criminal appellate jurisdiction.

Question 17

What is the appellate criminal jurisdiction of the County Court? Who are they presided over by?

Answer 17

The appellate criminal jurisdiction is the power to hear criminal appeals from the Magistrates court regarding conviction, sentence, bond or discharge. An appeal in the County Court is presided over by a judge alone.

Question 18

What is the appellate civil jurisdiction of the County Court? Who are they presided over by?

Answer 18

The Victorian County Court does not have civil appellate jurisdiction, unless stated under a specific Act, but currently no Act gives it that power.

Question 19

Where is the Supreme Court Trial Division located?

Answer 19

The Supreme Court is the highest court in the Victorian heirachy and it is divided into two divisions, the Supreme Court Trial Division is one of those.

Question 20

What type of jurisdiction does the Supreme Court Trial Division have?

Answer 20

The Supreme Court Trial division has both original and appellate jurisdiction in both criminal and civil matters.

Question 21

Where is the Supreme Court Trial Division located?

Answer 21

The Supreme Court is the highest court in the Victorian heirachy and it is divided into two divisions, the Supreme Court Trial Division is one of those.

Question 22

What is the original criminal jurisdiction of the Supreme Court Trial Division? Who are they presided over by?

Answer 22

The original criminal jurisdiction of the Supreme Court Trial Division is the power to hear the most serious indictable offences such as murder. These cases are presided over by a judge and a jury of 12

Question 23

What is the original civil jurisdiction of the Supreme Court Trial Division? Who are they presided over by?

Answer 23

The original civil jurisdiction of the Supreme Court Trial Division is unlimited meaning that it is able to hear cases of any amount. These cases are presided over by a judge and an optional jury of 6.

Question 24

What is the appellate civil jurisdiction of the Supreme Court Trial Division? Who are they presided over by?

Answer 24

The appellate civil jurisdiction of the Supreme Court Trial Division is the power to hear appeals from the Magistrate’s Court on a point of law. This court also holds the power to hear appeals from VCAT when it has been presided over by any member (except the president or vice-president). Civil appeals in this court are presided over by a single judge.

Question 25

What is the appellate criminal jurisdiction of the Supreme Court Trial Division? Who are they presided over by?

Answer 25

The appellate civil jurisdiction of the Supreme Court Trial Division is the power to hear appeals from the Magistrates Court on a point of law, a single judge will preside over these cases.

Question 26

Where is the Supreme Court of Appeals located?

Answer 26

The Supreme Court is the highest court in the Victorian heirachy and it is divided into two divisions, the Supreme Court of Appeals is one of those divisions.

Question 27

What type of jurisdiction does the Supreme Court of Appeals have?

Answer 27

It has NO ORIGINAL JURISDICTION, but it does have appellate jurisdiction in both civil and criminal matters.

Question 28

Who presides over the cases in the Supreme Court of Appeals?

Answer 28

All cases in the Supreme Court of Appeals are presided over by usually three judges however it can be a maximum of five depending on the severity and the complexity of the case.

Question 29

What is the appellate criminal jurisdiction of the Supreme Court of Appeals?

Answer 29

The appellate criminal jurisdiction of the Supreme Court of Appeals is that it has the power to hear appeals from the County Court and the Supreme Court Trial Division on the grounds of; a point of law, a conviction or on the severity of the sanction.

Question 30

What is the appellate civil jurisdiction of the Supreme Court of Appeals?

Answer 30

The appellate civil jurisdiction of the Supreme Court of Appeals is that it has the power to hear appeals from the County Court and the Supreme Court Trial Division on a point of law, a question of fact or the amount and type of damages. It also hears appeals from VCAT when it has been presided over by the vice-presided or president.

Question 31

Where do civil appeals originally heard the Magistrates Court go?

Answer 31

Supreme Court Trial Division

Question 32

Where do criminal appeals originally heard the Magistrates Court go?

Answer 32

County Court if it is regarding conviction, sentence, bond or discharge.
Supreme Court Trial Division if it is regarding a point of law.

Question 33

Where do civil appeals originally heard the County Court go?

Answer 33

Supreme Court of Appeal

Question 34

Where do criminal appeals originally heard the County Court go?

Answer 34

Supreme Court of Appeal

Question 35

Where do civil appeals originally heard the Supreme Court Trial Division go?

Answer 35

Supreme Court of Appeals

Question 36

What is the original civil jurisdiction of the Magistrates Court? Who is it presided over?

Answer 36

The original civil jurisdiction of the Magistrates court is the power to hear civil cases seeking damages of up to $100,000, with cases that are seeking under $10,000 being sent to arbitration. It is presided over by a magistrate

Question 37

What is the original civil jurisdiction of the County Court?

Answer 37

it is unlimited meaning they can hear cases of any amount. They are presided over by a judge and an optional jury of 6

Question 38

Explain Case Transfers

Answer 38

Cases are able to be transferred between the Magistrate’s Court, County Court, 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