the victorian court heirarchy

Question 1

When can courts make laws

Answer 1

By intepreting the meaning of words in a statute when applying them to a case.

• Precedent, deciding on a new legal issue that is brought before them in a case where there is no existing law to apply to the case

Question 2

Outline two reasons for victorian court hierarchy

Answer 2

• Court hierarchy enables parties to appeal to higher courts if they are not satisfied with their current outcome.
• Court hierarchy allows for specialisation and expertise. Different courts specialise in different types of cases.

Question 3

Common law vs Statute law

Answer 3

Common law- Laws made by judges through decisions made in cases.

Statute law- Laws made by parliament, a bill has to go through parliament and royal assent has to pass it on

Question 4

Binding precedent

Answer 4

Binding Precedent is a legal principle that is established in a legal case in a higher court and must be followed by lower courts in the same hierarchy in cases that are similar

Question 5

Persuasive precedent

Answer 5

Persuasive Precedent is a legal principle which is not binding but considered to be influential. Therefore a court is not bound by it but can follow it or can be persuaded by it

Question 6

Outline original jurisdiction of Magistrates court

Answer 6

Criminal jurisdiction- Summary offences, indictable offences heard summarily, committal proceedings, bail and warrant applications

Civil - Claims up to 100 000, claims under 10 000 are referred to compulsory arbitration at the magistrates court

Question 7

outline original jurisdiction of country court

Answer 7

Criminal- Hears all indictable offences except murder or murder related offences and treason

civil jurisdiction - hears all unlimited jurisdiction

Question 8

outline original jurisdiction of Supreme Court

Answer 8

criminal- murder, manslaughter, attempted murder treason swell as fraud

civil - unlimited jurisdiction