Unit 4 AOS 1 Flashcards Preview

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Flashcards in Unit 4 AOS 1 Deck (23):
1

What are the four reasons for a court hierarchy?

1.Allows for specialisation: Allows judges and courts to develop expertise in the types of cases they hear over time in their specific court, this enables them to deal with cases more efficiently than a judge in another court without such experience and expertise.

2.Allows for a system of appeals:
provides for a system of appeals, which provides for fairness allowing a party to have their case reviewed by a higher court if they feel as though their case has been unfairly treated—without a court hierarchy a system of appeals could not operate

3. Administrative convenience:
administrative efficiency is promoted as the hierarchy as it allows cases to be promptly organised into an appropriate court based on their type to eliminate delays and provide timely dispute resolution

4.Allows for the doctrine of precedent
provides for the operation of the doctrine of precedent, which enables consistency as cases with similar facts are treated in a similar way, this promotes predictability and fairness in the courts

2

What is meant by Appellate and original jurisdiction?

Original jurisdiction refers to a courts ability to hear a case for the first time while Appellate jurisdiction refers to a courts ability to hear an appeal of a case from a lower court ( a case which has been heard before)

3

What is the criminal jurisdiction (O AND A) of the Magistrates court?

Original: -Summary offences( eg. traffic offences, shoplifting), Indictable offences heard summarily (eg.theft, assault), Committal hearings, Bail applications
Appelette: No appellate jurisdiction

4

What is the civil jurisdiction (O AND A) of the Magistrates court??

Original: Claims up to from$10,000- $100,000.( Claims for under $10,000 will go to arbitration)
Appellate: No appellate jurisdiction

5

What is the criminal jurisdiction (O AND A) of the County court?

Original:Indictable offences
(Eg.drug trafficking, serious assault, rape, manslaughter ,homicide and treason)

Appellate: Appeals from the magistrate's court against sentence

6

What is the civil jurisdiction (O AND A) of the County court?

Original: Unlimited jurisdiction for civil claims
Appellate: No appellate jurisdiction

7

What is the criminal jurisdiction (O AND A) of the supreme court (trial)?

Original: Serious indictable offences (eg.murder)
Appellate: Appeals from magistrates on points of law

8

What is the civil jurisdiction (O AND A) of the supreme court (trial)?

Original: Unlimited jurisdiction for civil claims, mediation can be used
Appellate:Appeals on point of law from Magistrates court and VCAT

9

What is the criminal jurisdiction (O AND A) of the supreme court of appeal?

Original: No original jurisdiction
Appellate: Appeals on point of law, conviction or sanction from county or supreme courts(trial divisions)

10

What is the civil jurisdiction (O AND A) of the supreme court of appeal?

Original: No original jurisdiction
Appellate: Appeals from the County courts, Supreme courts and VCAT

11

Describe the role of VCAT

VCAT or the Victorian Civil Administration Tribunal
is a subordinate authority which provides low cost, timely, accessible and efficient resolution of civil disputes between parties in a less formal environment than courts. It does so by using alternative dispute resolution methods such as Mediation, Conciliation and Arbitration

12

Describe Mediation

When parties try to resolve a dispute themselves with the guidance of an impartial third party called a mediator. The mediators does not give advice or make suggestions. The mediators’s role is to facilitate discussion, and encourages parties to cooperate.The decision made by the parties is non binding.

13

Describe Conciliation

When parties try to resolve a dispute themselves with the guidance of an impartial third party called a conciliator. The conciliator can give advice and make suggestions to help the parties reach an agreement.Not binding decision

14

Describe Arbitration

A slightly more formal process in which an impartial third party (an arbitrator) facilitates discussion, hears evidence and makes a binding decision for the parties

15

Describe Judicial determination

A court hearing in which both parties present their case and a judicial officer who then makes a binding decision for the outcome

16

Provide two strengths and two weaknesses of Mediation

Strengths: 1.More likely to preserve pre existing relationships as it is a mutual decision with no winners and losers and it is 2. Informal process

Weaknesses: 1. Non binding 2. Not effective it one party is more dominant than the other as they can dominate the hearing due to informality

17

Provide two strengths and two weaknesses of Conciliation

Strengths:
-Both parties can access the advice of the conciliator who can guide them towards agreement
-Mutual decision with no winners and losers
Weaknesses:
-No legally binding agreement unless contract is drawn
-More dominant or confidant party may take advantage of the informality and dominate the proceedings

18

Provide three strengths and two weaknesses of Arbitration

Strengths:
-The process is confidential and private (i.e. not open to the public like courts are)
-Some more formality than other methods.Creating a fairer process
-Legally binding
Weaknesses:
-limited ability for appeals
-has a winner and loser like a court hearing

19

Provide two strengths and two weaknesses of Judicial determination

Strengths:
-More formal
-More throrogh
Weaknesses:
-Too formal
-Too costly

20

List three advantages of having a court hearing to solve a dispute

1. Formal rules of evidence proceedings ensure equality
2. More thorough
3.Larger avenues for appeals

21

List three weakness of having a court hearing to solve a dispute

1. Costly ($3000+ 300-400 per hour legal rep)
2. Time consuming
3. Excessive formality

22

List three advantages of using VCAT to solve a dispute

1. Cost effective ($61-4200)/Time effective
2. Informal and non intimidating
3. most resolutions allow for existing relationships to be preserved

23

List three weakness of using VCAT to solve a dispute

1. Informality- one party can dominate
2.Non binding unless contract is drawn
3. Voluntary and mutual process- one party may refuse to participate