lesson 8 Flashcards
(6 cards)
PRECEDENT
Precedent
Purpose:
Legal principles established by superior courts apply to similar cases in the future.
Details:
Without a hierarchical court system, superior courts couldn’t set precedents, which are crucial for maintaining consistency in the legal system.
administrative coincience
Administrative Convenience
Purpose:
Distributes legal matters according to their complexity and severity.
Details:
Court hierarchy allows for more efficient use of resources.
Ensures that each court is equipped to handle cases according to its scope and capacity.
appeal
Appeal
Purpose:
Allows parties to seek a review if a lower court (e.g. County Court) has made an incorrect decision.
Details:
Higher courts provide an avenue for appeals, ensuring fairness in the judicial system.
speaclisation
Develop expertise and knowledge in specific areas of law.
Details:
Each court has its own jurisdiction to hear particular cases.
Example:
Magistrates’ Court handles less serious criminal offences (e.g. minor drug possession).
This repeated exposure helps magistrates develop expertise to make fair and consistent decisions.
This repeated exposure helps magistrates develop expertise to make fair and consistent decisions.
vic court hierachy structure
Victorian Court Hierarchy
Court Structure:
High Court of Australia
Supreme Court
Court of Appeal
Trial Division
County Court
**Magistrates’ Court
role of the court
Role of the Courts
Objective:
To uphold social cohesion by ensuring justice, fairness, and consistency in the legal system