Unit 4 Aos 1A Practice Questions

Question 1

What court usually hears cases of culpable driving

Answer 1

Culpable driving is an indictable offence and is within the jurisdiction of the County Court. It cannot be heard summarily and therefore cannot be heard by the Magistrates’ Court. The County Court was the most likely court that would have heard Carl’s case.

Question 2

Would the legal system improve if there was just one level of courts

Answer 2

I do not believe that the Victorian legal system would improve if there was only one level of courts. There are many reasons for retaining a court hierarchy. One of the more important reasons is that it allows for a system of appeals. If an individual has grounds for an appeal, they may appeal to a higher court to have their decision reviewed. This could not operate effectively with only one level of courts. Another more important reason for a hierarchy is that it allows for the doctrine of precedent to operate, which relies on the existence of lower courts following the rulings of higher courts in like cases.

Question 3

Using the magistrates court as an example explain the term original jurisdiction.

Answer 3

When a court has ‘original jurisdiction’, it means it has power to hear a case when it first comes to court (that is, at first instance). For example, the Magistrates’ Court can hear civil cases where the plaintiff is claiming up to $100,000. The Magistrates’ Court also hears at first instance all summary criminal offences (that is, minor offences).

Question 4

Sophie has a civil dispute with her neighbour. She is seeking $500 000 in damages. Sophie thinks that
• her trial will be heard in the Magistrates’ Court
• she will have a trial heard by a judge and a jury of 12 people
• she can go to the Victorian Law Reform Commission (VLRC) to seek legal advice. Outline why each of these statements is incorrect.

Answer 4

Sophie’s trial will not be held at the Magistrates’ Court because her civil claims exceed $100,000, which is the extent of the Magistrates’ Court’s jurisdiction.
Sophie’s trial will not be heard by a jury of 12 because a jury of 12 is for indictable criminal offences, but a jury of 6 may hear her trial if she chooses to have one.
Sophie cannot go to the VLRC for legal advice because it is not their role. The role of the VLRC is to investigate law reform and write consultation papers for the attorney general in areas that need law reform.

Question 5

Explain one reason why there is a court hierarchy

Answer 5

One reason for a court hierarchy in Victoria is appeals. If a party is not happy with a decision made by a court and wants to challenge it, the party may be able to appeal the decision to a higher court. The appeal process enables a higher court to consider the original decision and either leave it as is or change it. If there were no court hierarchy, appealing a decision to a higher court would not be available to the parties.

Question 6

Nathan commences proceedings in the Magistrates’ Court against his employer and is seeking $90 000 in damages.
‘There are Victorian courts, other than the Magistrates’ Court, that have original jurisdiction to hear this dispute between Nathan and his employer.’
Why is this statement correct?

Answer 6

This statement is correct because both the County Court and the Supreme Court (Trial Division) have unlimited jurisdiction on civil claims. This means that a claim of $90,000 in Nathan’s civil case falls in their original jurisdiction. Thus, Victorian courts other than the Magistrates’ Court can hear this dispute.

Question 7

How to answer court jurisdiction question

Checklist

Answer 7

Where court is situated
Criminal and civil jurisdiction
Original and appellate jurisdiction
Who hears the case
Criminal - original judge and jury of 12
Criminal - appellate Judge alone
Civil - original Judge and optional jury of 6
Civil - appellate Judge alone

Question 8

Appeals system

Answer 8

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