Term
Role of Magistrate's Court |
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Definition
- Lowest Court in the Victorian hierarchy
- Hears minor (summary) cases
- No present jury
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Term
Original criminal jurisdiction of Mag. Crt |
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Definition
- Summary minor offences e.g. traffic offences: speeding or running
- Indictable hear summarily e.g. theft up to $100,000, minor assualt and burglary
- Committal proceedings
- Issues warrants
- Hears bail applications/remand applications
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Term
Original civil jurisdiction of Mag. Crt |
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Definition
- Cases between $10,000 - $100,000
- <$10,000 heard in arbitration e.g. VCAT
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Term
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Definition
- Middle court in the Victorian hierarchy
- Presided by a judge
- A jury MAY be present
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Term
Original criminal jurisdiction of C.C |
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Definition
- Indictable/serious offences by not murder or manslaughter, treason or corporate offences
- Heard by a judge and a jury of 12 or up to 15 if case is long
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Term
Original civil jurisdiction of C.C |
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Definition
- All civil claim are unlimited amounts
- Heard by a single judge and OPTIONAL jury of 6 to 8 if the case is long
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Term
Appellate criminal jurisdition of C.C |
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Definition
- Appeals from Mag. Crt against: conviction or sentence
- Appeals from Children's Crt against: sentence
- Appeals eard by a single judge. NO JURY
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Term
Appellate civil jurisdiction of C.C |
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Definition
- No appellate jurisdiction
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Term
Role of Supreme Court (Trial Division) |
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Definition
- Highest court in the Victorian hierarchy
- Presided over by a judge called a 'Justice'
- Jury may be present
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Term
Original criminal jurisdiction of Supreme Crt (Trial) |
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Definition
- Serious indictable offences: muder, manslaughter, treason and terrorism
- Heard by 1 justice and a jury of 12 to 15 if long trial
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Term
Original civil jurisdiction of Supreme Crt (Trial) |
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Definition
- Unlimited jurisdiction
- Heard by a single justice and OPTIONAL jury of 6 or 8 if long trial
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Term
Appellate criminal jurisdiction of Supreme Crt (Trial) |
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Definition
- Appeals on points of law from Mag. Crt and Children's Crt
- Heard by 1 justice and no jury
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Term
Appellate civil jurisdiction of Supreme Crt (Trial) |
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Definition
- Appeals on points of law from Mag. Crt and VCAT
- Heard by 1 justice and no jury
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Term
Role of Court of Appeal (Supreme Crt) |
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Definition
- Highest court of appeal in the Vicotrial court hierarchy
- Presided over by 3-5 Justices
- 5 Justices is called a FULL BENCH
- NO JURY
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Term
Appellate criminal jurisdiction of C.o.A |
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Definition
- Appeals on: point of law, convition or sanction from a single judge of the C.C or Supreme Crts
- Heard by 3-5 judges
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Term
Appellate civil jurisdiction of C.o.A |
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Definition
- Appeals on point of law, decisions as to facts or amont of damages from a single judge of the C.C or Supreme Crts or VCAT
- Heard by 3 Justices
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