Unit 4: AOS 1- Court Hierachy Flashcards
(38 cards)
Reasons for exsistence of a court hierarchy-
Doctrine of Precedent
The court hierarchy is at the heart of the doctrine of precedent. The doctrine of precedent means that decisions made by higher courts shall be binding on lower courts in the sa,e court hierarchy when deciding on cases of similar fact. Without a court hierarchy, the doctrine of precedent could not operate.
Reasons for exsistence of a court hierarchy- Appeals
If a party to a disuse is dissatisfied with a decision, and there are grounds, they may take the matter to a higher court for review. This provides fairness and allows for any mistakes to be rectified. Without a court hierarchy, the system of appeals could not operate.
Reasons for exsistence of a court hierarchy-Administrative Convience-
A court hierarchy allows for the distribution of cases according to their seriousness with more serious and complex cases being heard in the higher courts. These take longer to hear and require judges with expertise in complicated areas of law. Minor cases are heard quickly in the lower courts. Court personnel are allocated to courts according to their level of expertise and experience.
Reasons for a court hierarchy: Strengths
- Allows the doctrine of precedent to operate which created consistency and predictability.
- Allows the operation of appeals to superior courts.
- Administrative convenience: more serious and complex cases heard in a higher courts by more experienced judges
- Specialisation: the courts are able to specialise in their particular area of law.
- Fewer delays are likely because less complicated cases are heard in the lower courts and are now mixed with more complicated cases.
Reasons for a court hierarchy: Weaknesses
- A precedent from a higher court may be distinguished by a lower court, or a binding precedent from a higher court may not be appropriate to the circumstances before the lower court.
- It could be said that there are too many appeals
- More administrative personnel needed t run the courts.
- There are more courts- a single court would be easier for people to find, as all the matter would be heard at the same place.
- Parties to cases in lower courts are not receiving the same high level of judicial expertise as parties in higher courts.
Where is the Magistrates court in the court hierarchy?
It is the lowest court in the court hierarchy
Who are the cases presided over in the Magistrates court?
They are presided over by a magistrate
What type of jurisdiction does the Magistrates Court have?
Original civil and criminal jurisdiction
but NO APPELLATE JURISDICTION
What is the original criminal jurisdiction for the Magistrates Court?
The original criminal jurisdiction of the Magistrates Court is that they are able to hear summary offences (e.g traffic offences), indictable offences (e.g drug trafficking of a small quantity), bail applications, committal proceedings and the issuing of warrants. These cases are presided over by a magistrate
What is an indictable offence
Indictable offences are serious offences that can be tried before a judge and jury in the superior courts such as the County Court and the Supreme Court.
What is a summary offence
Summary offences are minor criminal offences such as road traffic offences and minor assault. Summary offences are heard in the Magistrates Court.
Define Original Jurisdiction
Original jurisdiction is the power of the court to hear cases in first instance. The matter is taken to court for the first time, it is also known as the court of first instance.
Define Appellate Jurisdiction
Appellate Jurisdiction is the power of a court to hear cases on appeal. When the court is hearing an appeal, it is sitting in it’s appellate jurisdiction. There is no jury when a court is sitting in it’s appellate jurisdiction. Sum
What is the original criminal jurisdiction of the County Court? Who are they presided over by?
The original jurisdiction in the County Court for criminal cases is it has the power to hear most indictable offences such as rape, however they cannot hear the most serious indictable offences. The original criminal cases in the Couty CO
What type of jurisdiction does the County Court have?
They have both original jurisdiction in both criminal and civil matters but only criminal appellate jurisdiction.
What type of jurisdiction does the County Court have?
They have both original jurisdiction in both criminal and civil matters but only criminal appellate jurisdiction.
What is the appellate criminal jurisdiction of the County Court? Who are they presided over by?
The appellate criminal jurisdiction is the power to hear criminal appeals from the Magistrates court regarding conviction, sentence, bond or discharge. An appeal in the County Court is presided over by a judge alone.
What is the appellate civil jurisdiction of the County Court? Who are they presided over by?
The Victorian County Court does not have civil appellate jurisdiction, unless stated under a specific Act, but currently no Act gives it that power.
Where is the Supreme Court Trial Division located?
The Supreme Court is the highest court in the Victorian heirachy and it is divided into two divisions, the Supreme Court Trial Division is one of those.
What type of jurisdiction does the Supreme Court Trial Division have?
The Supreme Court Trial division has both original and appellate jurisdiction in both criminal and civil matters.
Where is the Supreme Court Trial Division located?
The Supreme Court is the highest court in the Victorian heirachy and it is divided into two divisions, the Supreme Court Trial Division is one of those.
What is the original criminal jurisdiction of the Supreme Court Trial Division? Who are they presided over by?
The original criminal jurisdiction of the Supreme Court Trial Division is the power to hear the most serious indictable offences such as murder. These cases are presided over by a judge and a jury of 12
What is the original civil jurisdiction of the Supreme Court Trial Division? Who are they presided over by?
The original civil jurisdiction of the Supreme Court Trial Division is unlimited meaning that it is able to hear cases of any amount. These cases are presided over by a judge and an optional jury of 6.
What is the appellate civil jurisdiction of the Supreme Court Trial Division? Who are they presided over by?
The appellate civil jurisdiction of the Supreme Court Trial Division is the power to hear appeals from the Magistrate’s Court on a point of law. This court also holds the power to hear appeals from VCAT when it has been presided over by any member (except the president or vice-president). Civil appeals in this court are presided over by a single judge.
