Term
| Explain the Doctrine of Precedent and how it relates to the court hierarchy. |
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Definition
| Doctrine of Precedent is a principle whereby outcomes decided on in a higher court must be followed by all lower courts in the same hierarchy when deciding upon a case of similar material. This ensures flexibility, consistency and predictability within the legal system. The court hierarchy system is required for Doctrine of Precedent to operate. |
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Term
| Outline the original civil and criminal jurisdictions of the Magistrates' Court. |
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Definition
Civil jurisdiction:
-All civil disputes claiming up to $100,000.
-Any dispute with a claim below $10,000 is referred to arbitration.
Criminal jurisdiction:
-All summary offences (minor offences) such as traffic offences - careless driving.
-Indictable offences heard summarily such as firearm offences and shoplifting
-Committal Hearings
-Bail and warrant applications |
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Term
| Outline the original civil and criminal jurisdictions of the County Court |
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Definition
Civil jurisdiction:
-Unlimited civil jurisdiction
-Claims against municipal councils
A jury of 6 can be empanelled at the request of the judge, plaintiff or defendant
Criminal jurisdiction:
-Most indictable offences (serious offences) such as drug trafficking
When the accused pleads guilty, a jury of 12 is empanelled |
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Term
| Outline the civil and criminal appellate jurisdictions of the County Court. |
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Definition
Civil appellate jurisdiction:
-The County Court has no civil appellate jurisdiction unless an act specifically provides for appeals to be heard in the County Court
Criminal appellate jurisdiction:
-Appeals from the Magistrates' Court on a conviction or severity/leniency of the sentence |
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Term
| Outline the original civil and criminal jurisdictions of the Supreme Court Trial Division. |
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Definition
Civil jurisdiction:
-Unlimited civil jurisdiction
Criminal jurisdiction:
-Most serious indictable offences such as attempted murder, defensive homicide and treason
When the accused pleads guilty, the case is heard before a judge and jury of 12 |
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Term
| Outline the appellate civil and criminal jurisdictions of the Supreme Court Trial Division. |
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Definition
Civil appellate jurisdiction:
-A single judge can hear a case in appeal from the Magistrates' Court
-A single judge can also hear cases on appeal from VCAT as long as the original purpose for the tribunal wasn't for an order to be made by a president or vice-president
Criminal appellate jurisdiction:
-A single judge can hear appeals from the Magistrates' Court on a point of law
If a person appeals to the Supreme Court on a point of law, they are then unable to appeal to the County Court on other grounds |
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Term
| Outline the appellate civil and criminal jurisdictions of the Court of Appeal. |
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Definition
Civil appellate jurisdiction:
-Civil appeals from the County Court and from a single judge of the Supreme Court
-Appeals from VCAT when the tribunal was constituted for the purpose of making an order by the president or vice-president
-The grounds for civil appeal to the Court of Appeal include a point of law, a question of fact and the amount of damages awarded
Criminal appellate jurisdiction:
-A person who has been found guilty in the County Court or Supreme Court may have grounds to appeal to the Court of Appeal on a point of law, a conviction or the severity or leniency of a sanction |
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Term
| Describe the role of VCAT. |
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Definition
| -Provide an avenue of dispute resolution to the community that is accessible, low cost, modern and efficient and provides equal access to expert bodies |
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Term
| What is the jurisdiction of VCAT? |
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Definition
-Hear disputes which involve individuals and organisations
-Review decisions from other tribunals such as from the Victims of Crimes Tribunal (VOCAT) |
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Term
| What are three acts VCAT gained its original jurisdiction from? |
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Definition
-The Victorian Civil and Administrative Tribunal Act 1998 (Vic.)
-The Fair Trading Act 1999 (Vic.)
-The Equal Opportunity Act 2010 (Vic.) |
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Term
| What orders can VCAT make? |
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Definition
-To carry out an action
-Refrain from or stop an action
-Order a party to make payments |
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Term
| Describe the features of conciliation. |
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Definition
| Two parties present the case to a third party who listens to the information and makes suggestions to assist the parties to come to a decision by themselves. The decision made is not legally binding, but because the parties (without the stress of strict evidence and procedure) came to their own conclusions in front of a third party, they are more likely to follow the through with decision. |
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Term
| Describe the features of arbitration. |
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Definition
An independent arbitrator listens to both sides of a case and makes a legally binding decision.
It is more formal than mediation and conciliation, but is less formal than a court hearing.
Arbitration removes the need for strict rules of evidence and procedure and doesn't require legal representation (although it is optional) |
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Term
| Describe the features of judicial determination. |
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Definition
| Judicial determination is the most common form of dispute resolution used by the courts in both criminal and civil jurisdictions. Judicial determination involves parties (most commonly with legal representation) presenting their sides of the case to a third party following strict rules of evidence and procedure. The third party will then make a legally binding decision on the grounds of probabilities. |
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