UNIT 4 - AOS 1A

Question 1

Magistrate’s court - original jurisdiction

Answer 1

CIVIL
damages between 10,000 - 100,000
in all civil matters including personal injury,negligence,breach of contract.

CRIMINAL

• summary offences eg. traffic offences, drunk and disorderly
• indictable offences heard summarily e.g. drug offences, robbery, burglary, handling stolen goods.
• bail applications
• issuing warrants

Question 2

Magistrate’s court - appellate jurisdiction

Answer 2

• no appellate jurisdiction

- rehearings can take place in some cases such as one parties not appearing

Question 3

County court - original jurisdiction

Answer 3

CIVIL
- unlimited in all civil matters (one judge w/ optional jury of six)
CRIMINAL
- indictable offences, except murder, attempted murder, conspiracies, corporate offences
HEARD BEFORE JUDGE AND JURY OF 12

Question 4

County court - appellate jurisdiction

Answer 4

CIVIL
- no appeals, unless under specific act
CRIMINAL
- from magistrates court against a conviction or sentence, bond or constitutional discharge (one judge)

Question 5

Supreme Court (trial) - original jurisdiction

Answer 5

CIVIL 
- unlimited in all civil matters 
(one justice, optional jury of 6) 
CRIMINAL 
- most serious indictable offences 
murder,attempted murder,manslaughter,treason,conspiracy,corporate offences 
HEARD BY JUDGE + JURY OF 12

Question 6

Supreme Court (trial) - appellate jurisdiction

Answer 6

CIVIL 
- on points of law from magistrates and 
- on points of law from VCAT 
CRIMINAL 
- on points of law from Magistrate's courts 
(one justice)

Question 7

Supreme Court (Appeal) - original jurisdiction

Answer 7

no original jurisdiction

Question 8

Supreme Court (Appeal) - appellate jurisdiction

Answer 8

CIVIL
- on point of law
- on question of fact 
- on amount of damages 
COUNTY - SINGLE JUDGE 
SUPREME - SINGLE JUDGE 
APPEALS HEARD BY THREE APPEAL JUSTICES 

CRIMINAL 
- on points of law 
- conviction 
- on severity or leniency of sanction 
COUNTY - SINGLE JUDGE 
SUPREME - SINGLE JUDGE 
APPEALS ARE HEARD BY THREE APPEAL JUSTICES

Question 9

list reasons for court hierarchy

Answer 9

• doctrine of precedent
• appeals
• administrative convenience
• specialisation

Question 10

reasons for court hierarchy - doctrine of precedent

Answer 10

means that decisions made in higher courts are binding on lower courts in the same hierarchy
provides consistency and predictability
this system would not be possible w/o hierarchy because there would be no higher courts to make binding precedents on lower courts

Question 11

reasons for court hierarchy - appeals

Answer 11

someone who is dissatisfied with a decision, if there are groups for appeal
if there were no higher courts in a hierarchy then a system of appeals would not operate, and may create unfairness and inconsistencies

Question 12

reasons for court hierarchy - administrative convenience

Answer 12

the system of court hierarchy allows for the distribution of cases according to their seriousness
the more serious and complex = high court
minor cases heard quickly = lower courts

Question 13

list divisions of magistrates court

Answer 13

• koori court

- family violence court division

Question 14

koori court - magistrates court

Answer 14

Established to provide fair,equitable and culturally relevant justice services to indigenous community as well as providing greater protection and participation in sentencing.

The accused must be indigenous and offence must be within jurisdiction go Magistrates court other than sexual offences, family violence or breach.

The accused must intend or plead guilty and take responsibility for their actions

The court must ensure that proceedings are understood by accused and family

community elders advise the court on aboriginal cultural issues

Question 15

The family violence court division - magistrates court

Answer 15

established to simplify access to justice system or people affected by family violence and promote safety.

emphasis on making those who have committed family violence acts are responsible and want to be helped

The court has the jurisdiction to deal with:

• proceedings for a family violence intervention order,counselling or breaches of existing orders
• civil proceedings with respect to damage or personal injury

Question 16

The Magistrates court

Answer 16

the west court in the victorian hierarchy with its jurisdiction outlined in
Magistrates court act 1989 vic
The magistrates court does not have a jury present and can not hear appeals

Question 17

summary offences

Answer 17

minor criminal offences

for example: traffic offences, drunk and disorderly and minor assault

Question 18

indictable offences

Answer 18

more serious criminal offences which have the right to be tried before a judge and jury of 12 in either the county or supreme court

Question 19

committal proceedings

Answer 19

the more serious indictable offences are persecuted in county or supreme court, depending on the nature, and seriousness of offence.

However before the case is brought to trial committal proceedings are held in magistrates court to determine if there is enough evidence against the accused to gain a conjunction in higher courts.
This is to establish a prima facie case against the accused

Question 20

bail applications

Answer 20

when an accused has been taken into custody and charged by the policies the magistrates court has the power to hear bail applications.
if the bail application is not, the magistrate court will order the offenders to be held in remand. If bail is granted, then the accused is released on condition until trial

Question 21

issuing warrants

Answer 21

a warrant is a legal document used by the courts to authorise a particular act such as search,seizure,arrest.
heard by a single magistrate

Question 22

county court

Answer 22

is an intermediate court that sits between the magistrates and the supreme court.
It is presided over by a judge a jury may be used

Question 23

supreme court

Answer 23

Is the most superior court in the Victorian court hierarchy and is made up of two divisions, The supreme court trial division and the supreme court of appeal

Question 24

reasons for court hierarchy - specialisation

Answer 24

within system of hierarchy the courts have been able to develop their own areas of expertise
lower courts are familiar with smaller cases to be dealt with quickly
The higher courts develop expertise in hearing complex cases involving crimes/money
other specialist courts include family and children court