Legal studies revison Flashcards
(14 cards)
What is the difference between the original and appellate jurisdiction of a court?
Original jurisdiction of a court is the authority of a court to hear cases for the first time as opposed to appeal to cases held in another case. Appellate jurisdiction is the authority of a court to hear appeals.
Describe the civil jurisdiction of the magistrate’s court?
- No appellate jurisdiction.
- Claims up to $100, 000. However in certain circumstance the court can hear a case with an unlimited value. Claims for amounts less than $10, 000 are decided by arbitration.
Describe the jurisdiction of the county court.
- No appellate jurisdiction.
2. Unlimited for personal injury claims and other civil actions.
Describe the civil jurisdiction of the supreme court.
- Unlimited claims for damages.
2. Appeals on points of law from the Magistrate’s court and the Victorian Civil and Administrative Tribunal.
Describe the civil jurisdiction of the court of appeal.
- No original jurisdiction.
- Appeals on cases from a single judge of the supreme court or county court and appeals from the Victorian civil and Administrative Tribunal when constituted by the president or vice-president.
Explain what is random selection
Potential jurors are chosen at random from the state electoral roll. A person must be 18 years of age and an Australian citizen in order to be eligible for jury service. Each person is sent a questionnaire to determine their suitability.
Explain what is ineligible
Some people are ineligible to serve on the jury because of their occupation or because they cannot perform the task of a juror. Occupations such as judges, solicitors, and police officers are ineligible as it felt they know too much about the legal system and could influence other jurors in jury room discussions. People who are mentally disabled or who cannot understand Enligish are also inelgible for jury service.
Explain what is disqualified
Other people are disqualified from jury service because they are thought to be biased in favour of the accused. Examples of disqualified people include: those who have been imprisoned for more than 3 months during the last five years and undischarged bankrupts.
Explain what is meant by excused
People can ask to be excused from jury service. It is at the discretion of the court whether the request to be excused is accepted. People have asked to be excused due to poor health, advanced age, incapacity and financial hardship would result from attending for jury service.
Explain what is meant by empanelment
Emplanement is when jurors are selected and sworn in for jury duty. There are two types of challenges. peremptory challenges and challenge for cause. A challenge for cause is a challenge to a potential juror where no reason is for the challenge is provided. The number of peremptory challenges is different depending on the number of persons arraigned. For example; the accused is allowed six peremptory challenges if one person is arraigned, the accused id allowed five challenges if two persons are arraigned, while the accused is allowed three challenges if three or more persons are arraigned. A challenge for cause is a challenge to a potential jurors where a reason is provided for challenging the juror. The number of for cause challenges is unlimited for both sides. The challenges are evaluated by the judge.
Explain the defence justification
Justification applies when the material published is justified because it is the truth. If this defence is accepted, there can be no defamation as the plaintiff’s reputation has not been damaged. The published statement is merely stating what is already known.
Explain the defence honest opinion
Honest opinion applied if the defendant can show that (a) the matter was an expression of opinion rather than a statement of fact (b) that the opinion relates to a matter of public interest (c) that the opinion is based on proper material. Critical statements made by a reporter as part of a review of an art show, a music performance, pea movie can be regarded as an honest opinion.
Explain the defence qualified privilege
It’s where the defendant can show that the person receiving the publications have an interest in the subject and the defendants conduct in the circumstances. Situations where this defence may be used include comments made in the course of writing a reference for someone, are statements made to the police.
Explain the defence absolute privilege
Absolute privilege is a complete defence that enables people to say whatever they want without being liable for defamation. The defamation Act limits the number of situations where absolute privilege applies.
