Victorian Court Hierarchy Flashcards
types
- original jurisdiction
- appellate jurisdiction
original jurisdiction
power of the court to hear a case for the first time
appellate jurisdiction
power of a court to hear a case in which a decision is being reviewed
hierarchy
high court
supreme court of appeals
supreme court - trial
county court
magistrates court
specialisation
the courts have developed their own areas of expertise or specialisation
supreme court of appeals - specialisation
- criminal appeals in indictable offences
- expertise in sentencing principles
supreme court trials - specialisation
- murder, manslaughter, treason
- hears most serious indictable offences
- develops specialisation on serious crimes
- expertise in giving evidence and trial processes
county court - specialisation
- drug offences, sexual offences
- expertise in hearing particular types of indictable offences
magistrates court - specialisation
- drink driving
- summary offences that need to be dealt with quickly and efficiently
- committal proceedings
- expertise with self-represented
appeals
an application to have a higher court review a ruling
- appellant
- respondent
appellant
the party who appeals
respondent
the party who the appeal is against
grounds for appealing
- appealing on a question of law
- appealing a conviction
- severity or leniency of sanction imposed
appellant will need the consent (leave) of the court that will need the appeal
strengths
- allows for specialisation
- allows for appeals
weaknesses
- having many courts can be confusing and difficult to navigate for those who may not understand the justice system
- there is no automatic right to appeal
