Test Flashcards
(18 cards)
What does the term ‘court hierarchy’ refer to?
The arrangement of courts in Victoria based on their status and authority to hear different types of matters.
What is ‘jurisdiction’ in the context of courts?
The boundaries of power a particular court has to hear and determine disputes.
What is original jurisdiction?
The court’s power to hear a case ‘at first instance’.
What is appellate jurisdiction?
A court’s power to hear a case on appeal.
What is criminal jurisdiction?
A court’s power to hear criminal matters.
What is civil jurisdiction?
A court’s power to hear civil matters.
What is one reason for the Victorian court hierarchy?
Specialisation.
What does specialisation refer to in the context of courts?
The expertise of each of the courts in hearing certain types of cases.
Name two benefits of court specialisation.
- More just and accurate outcomes
- More timely resolution of cases
What is the purpose of a system of appeals?
To review and alter a previous decision made by a lower court.
Why is a court hierarchy necessary for appeals?
Without the ranking of courts, it would not be possible to have decisions reviewed by a superior court.
What must an applicant prove to have their appeal heard?
They have ‘grounds’ (reasons) as to why they deserve to have their appeal heard.
What is a benefit of a system of appeals?
Promotes fairness by allowing a case to be reheard if there are sufficient grounds.
Fill in the blank: The lowest court in the Victorian court hierarchy is the _______.
Magistrates’ Court
True or False: The higher the court in the hierarchy, the more cases it resolves.
False
What does the doctrine of precedent refer to in the context of a court hierarchy?
The principle that lower courts must follow the decisions of higher courts.
What is one advantage of having a court hierarchy instead of a single court for all matters?
Allows for specialisation and expertise in handling specific types of cases.
What type of cases does the Supreme Court Trial Division hear?
All murder charges across Victoria.
