The Courts

Question 1

Court Hierarchy

Answer 1

A court hierarchy is a system where courts are organised from bottom to top in terms of the types and severity of cases they hear.
Least serious to most serious
Provides convenience
Allows parties to appeal to a higher court.
Between federal and state, depends where the crime happened = which court (Federal or State)

Question 2

What is a Jurisdiction

Answer 2

A court jurisdiction is the type of case a court can do/hear.
Each court has its own criminal and civil jurisdiction depending on where they sit in the court hierarchy and their level of expertise.
Split into Original Jurisdiction and appellate jurisdiction

Question 3

Original Jurisdiction

Answer 3

Refers to the court’s power to hear the case at first instance.

Question 4

Appellate Jurisdiction

Answer 4

Refers to the court’s power to hear a case on appeal (second time)

Question 5

Magistrates Court

Answer 5

Original - Criminal
All Summary Offences
Committal Proceedings
Bail Applications

Appeal - Criminal
No Appellate jurisdiction

Original - Civil
Claims of up to $100,000

Appeal - Civil
No Appellate Jurisdiction

Question 6

County Court

Answer 6

Original - Criminal
All Indictable offences except
Murder
Treason
Terrorism

Appeal - Criminal
Appeals from offender on conviction as a question of fact.
Appeals from prosecution/offenders on sanction imposed

Original - Civil
Unlimited Civil Jurisdiction

Appeal - Civil
No Appellate Jurisdiction

Question 7

Supreme Court (Trial Division)

Answer 7

Original - Criminal
Unlimited - usually conducts trials for the most serious indictable offences.

Appeal - Criminal
Appeals from Magistrates on questions of law

Original - Civil
Unlimited Civil Jurisdiction
Generally only greater than $100,000
Also hears class actions

Appeal - Civil
Appeals from VCAT and Magistrates on question of law.

Question 8

Supreme Court (Court of Appeal)

Answer 8

Original - Criminal
No original Jurisdiction

Appeal - Criminal
Appeals from County Court and Supreme Court (Trial Division)

Original - Civil
No original Jurisdiction

Appeal - Civil
Appeals from County Court and Supreme Court (Trial Division)

Question 9

High Court

Answer 9

Original Jurisdiction
Constitutional matters, Disputes between states, Disputes where the commonwealth is a party.

Appeal - Criminal
Appeals from the Supreme Court (Trial Division) and Supreme Court (Court of Appeal)

Appeal - Civil
Appeals from the Supreme Court (Trial Division) and Supreme Court (Court of Appeal)