Unit 4

Question 1

What is the lowest court in the Victorian Court Hierarchy?

Answer 1

The Magistrates Court

Question 2

What is the middle court within the Victorian Court Hierarchy?

Answer 2

The County Court

Question 3

What is the highest court within the Victorian Court Hierarchy?

Answer 3

Supreme Court, Court of Appeals

Question 4

What court is below the Supreme Court, Court of Appeals?

Answer 4

Supreme Court, Trial Division

Question 5

What court sits above the Supreme Court, Court of appeals in the federal court hierarchy?

Answer 5

Federal Court

Question 6

What cases can be heard in the magistrate’s court

Answer 6

Summary Offences and Indictable Offences heard summarily

Question 7

Is there a Jury in the Magistrates Court of Victoria?

Answer 7

No, a single Justice hears the case alone

Question 8

How many people are empanelled in the Jury of the County Court of Victoria? Criminal Division

Answer 8

12, 15 in cases which could go for a long time

Question 9

How many people are empanelled in the Jury of the County Court of Victoria? Civil Division

Answer 9

6, 8 in cases which could go for a long time

Question 10

What is the jurisdiction of the criminal division of the County Court of Victoria?

Answer 10

All Indictable offences except for those most serious in nature such as murder, treason and corporate offences

Question 11

Culpable Driving; the act of killing a person in a motor vehicle, what court would hear this specific case?

Answer 11

County Court, Criminal Division

Question 12

What appellate jurisdiction does the County Court of Victoria have?

Answer 12

In Criminal Cases, they are able to hear appeals from the Magistrates court on a sanction basis. Appeals are heard on a de novo basis meaning that they are heard as a rehearing and the accused is NOT bound by their original plea.

In Civil cases, the County Court has no appellate jurisdiction unless specified under an Act of parliament

Question 13

What jurisdiction does the County Court have in terms of civil cases?

Answer 13

An unlimited jurisdiction meaning that they can hear cases of all value (damages) however, generally cases >$1M are heard in the supreme court due to the complexity of the case at hand.

Question 14

What jurisdiction does the Supreme Court, Trial Division has for Criminal Cases?

Answer 14

Unlimited, however, they generally only deal with the most serious of cases ie Murder, Treason, Conspiracy and Terrorism

Question 15

What jurisdiction does the Supreme Court, Trial Division has for Civil Cases?

Answer 15

Unlimited, however, they generally only deal with claims over $1M

Question 16

What does FAT stand for?

Answer 16

Fair and unbiased trial, effective Access to the legal system and a Timely resolution of dispute

Question 17

What is bail?

Answer 17

Bail is the conditional release of an accused person on account that they return for their trial or hearing. Conditions of bail include: a surety, restrictions on movement and even passport forfeiture

Question 18

What is remand?

Answer 18

Remand is the holding of an accused person in a facility after failing to gain bail. Remand is designed to protect the community, evidence or witnesses in the case that they are the subject of.

Question 19

How does bail fit into the requirements for FAT?

Answer 19

Bail provides for a fair and unbiased trial as the accused person(s) has the chance to prepare for their trial and involve themselves in the preparation of their case, ie providing a fair trial

Question 20

How does remand protect the community?

Answer 20

Remand protects the community by confining a potentially dangerous person to a secure facility where they are held until and during their trial therefore, protecting the community

Question 21

How does bail provide for the presumption of innocence?

Answer 21

Bail provides for the presumption of innocence through allowing an accused person their freedom (to some degree) as if they were not an accused person, therefore, upholding the right to presumption of innocence

Question 22

What are the two elements of a crime?

Answer 22

Actus Reus (guilty act) and Mens Rea (guilty mind)

Question 23

What is the first step in a civil procedure in the Supreme Court?

Answer 23

Pleadings; exchange of documents between Plaintiff, Accused and the Court

Question 24

What are the documents within pleadings?

Answer 24

Writ, Statement of Claim, a Defence, a Counterclaim (if filed), a Reply to Defence and Further and Better Particulars

Question 25

What is a Writ?

Answer 25

A document which: explains to the defendant that an action is being taken against them. Informs the defendant where the trial will be occurring and the mode of trial

Question 26

What is a statement of claim?

Answer 26

Attached to the Writ or Originating Motion | Explains the nature of the claim, the cause and the remedy or relief sought

Question 27

What is a defence?

Answer 27

After the defendant has served their notice of appearance noting that they will be fighting the claim, a defence either admits or denies the allegations

Question 28

What is a counter claim?

Answer 28

A claim by the original defendant to the original plaintiff arising from the allegations taken out by the original plaintiff

Question 29

What are further and better particulars?

Answer 29

A party may request a further and better particular of the other's claim or defence

Question 30

What is the purpose of directions hearings?

Answer 30

a brief hearing before the judge and is a chance for the parties to meet with the judge to discuss the progress of the case and give directions to the parties < No less than 35 days after the defendant has filed a notice of defence.

Question 31

What is discovery?

Answer 31

Enables the parties to gain further information on matter that remain unclear. Involves the disclosure of documents and exchanging of documents that are relevant to the issues in dispute

Question 32

What elements make up discovery?

Answer 32

Discovery of Documents, Interrogatories, Discovery by Oral Examination and Medical Examination

Question 33

What is discovery of documents?

Answer 33

Preparation of documents which are first outlined in an affidavit of documents, which contains: All relevant documents that are or were in possession of the parties, All documents that the party refuses to disclosed due to their privileged nature

Question 34

What are interrogatories?

Answer 34

searching questions relating to the known facts of the case. Usually requested to be completed within 60 days .

Question 35

What is discovery by oral examination?

Answer 35

As a result of the interrogatories, a party may request that the other party answer some questions. If contested, the questions will be asked as if they were being examined in chief

Question 36

What is the FAT reason for "a greater capacity for single judges to determine appeal applications"?

Answer 36

Timely Resolution of disputes; to ensure that the dispute and possible appeal are heard in as soon a time as possible

Question 37

What is the FAT reason for "extending the time for an appeal to be made from 14 to 28 days"?

Answer 37

Fair Hearing; to ensure that the appeal has the best chance for success in the appeals court

Question 38

Why does "more avenues for filing appeals electronically" ensure a timely resolution of dispute?

Answer 38

The application of appeals electronically speeds up the trial process as it is a vastly more efficient process which reduces the time for appeals to be filed in days

Question 39

What is the role of the judge in the Adversary System?

Answer 39

To act as an independent third party in the trial and direct parties to various actions ie mediation, or to hand sanctions down in criminal cases and in appeals; decide on points of law whilst weighing up evidence that is presented before them

Question 40

What is the role of the judge in the Inquisitorial System?

Answer 40

To investigate crimes and civil issues and hand down sentances based on the investigated crimes. The judge(s) run the trial and question witnesses etc

Question 41

What is the role of legal representation in the adversary system?

Answer 41

The role of legal representation is to represent their clients and guide them through the legal system and fight on their behalf whilst in court

Question 42

What is the role of legal representation in the inquisitorial system?

Answer 42

To help the Judge(s) achieve their task of investigating the crime/ wrongs that have taken place

Question 43

Where in the world uses the Inquisitorial System?

Answer 43

France, spain etc. Countries which hace ancient european contacts

Question 44

What is the role of the parties in the adversary system?

Answer 44

The parties aim to fight against each other in court using their words and evidence to win against the other party. Each party is aiming to win and be better than the other. Legal representation helps here as the system can be complicated therfore clients need the legal representation to