unit 4 legal studies aos 1- dispute resolution county & supreme courts jurisdiction
TRANSCRIPT
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UNIT 4 LEGAL STUDIESAOS 1- DISPUTE RESOLUTION
County & Supreme Courts Jurisdiction
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Victorian Court Hierarchy
Children’s Court
Coroner’s Court
Family CourtFEDERAL COURTS
STATE COURTS
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COUNTY COURT
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County Court - Function
The County Court deals with a wide range of civil and criminal matters in its original jurisdiction (that is, hearing a matter for the first time).
It also hears appeals from the Magistrates’ Court in criminal matters relating to _________________
________________________________________________Proceedings are more formal than the
Magistrates’ CourtJuries are used in _____________ and is optional in
this court for __________________
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A judge presides over the County Court.
It is made up of a chief judge and other judges. Currently there is approximately 63 judges of the County Court.
The judge is referred to as “Your Honour”
Current Chief Judge ofCounty Court, Michael Rozenes
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Original CIVIL jurisdiction
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Civil Jurisdiction
___________________civil jurisdiction!!
Meaning they can hear any civil claim regardless of the amount of damages (compensation) being sought.
Civil cases in the County Court are heard by a judge sitting alone or, at the request of the parties, with a jury of ___________
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Original CRIMINAL jurisdiction
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Criminal Jurisdiction
Has the original jurisdiction to hear MOST indictable offences, such as, armed robbery, culpable driving, drug trafficking, sexual offences (eg: rape).
Criminal juries of _____are used in all indictable offences where the accused pleads not-guilty, meaning that these cases are heard by a County Court judge and jury.
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Koori Court @ the County Court
The County Court are currently undertaking a pilot program for a Koori County Court. It will provide Aboriginal people a voice in the legal system, and allow provide a more culturally appropriate process for these people.
They are still given the same sanctions as “white Australian’s”, however the process incorporates respected elders to help reform and rehabilitate the offender.
Similar courts are being run in New Zealand for indigenous people.
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Appellate jurisdiction(What cases can the County court
hear that have been ___________________)
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Appellate jurisdiction
Appellate CRIMINAL jurisdictionCounty Court has the power to hear criminal
appeals from the Magistrates’ Court based on either the ______________________ handed down by the Magistrate.
They can also hear appeals from the ___________ based on a sentence handed down.
Appellate CIVIL jurisdictionThey do not hear civil appellate jurisdiction, that
is they ____________hear civil appeals from other courts.
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Appeals _____ the County Court
If either party from a criminal or civil case from the County Court is not satisfied with the outcome of their case, they can appeal the decision to a higher court, based on the following grounds;
Criminal appeals-Points of law-Severity or leniency of sentence-Conviction on a question of facts
Can be appealed to the _______________________
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Appeals FROM the County Court
Civil appeals-Points of law-Decision as to the facts (dispute of facts of
case)-Amount of damages awarded to plaintiff
(compensation)
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County Court Review
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SUPREME COURT
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Background information on Supreme Court
Highest Victorian courtThe judgements made here may be recorded
and create precedents for future cases. Divided into two divisions: Trial division &
Court of Appeal.Cases are decided upon by a judge which is
referred to a “justice”, and a jury of 12 for criminal matters, or optional jury of 6 for civil matters.
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Function of the Supreme Court
The Supreme Court deals with the MOST SERIOUS matters
Wide powers in its original jurisdiction
It has extensive appellate jurisdiction in both civil AND criminal matters.
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TRIAL DIVISION
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Original CIVIL jurisdiction
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Civil Jurisdiction
Unlimited civil claims
However generally will hear civil cases involving large sums over ______________
Heard before a justice of the Supreme Court and a jury of 6 is ______________
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Original CRIMINAL jurisdiction
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Criminal Jurisdiction
Hears the ________________ criminal cases (indictable offences)
Murder, manslaughter, treason, defensive homicide.
Heard by Justice of Supreme Court and a jury of ____________
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Appellate jurisdiction(What cases can the Supreme Court hear that have been appealed from
another court?)
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Appellate Jurisdiction
Appellate Criminal Jurisdiction (Criminal appeals)
- Criminal appeals based on a point of law from ________________
- Criminal appeals based on a point of law from ________________
Appellate Civil Jurisdiction (Civil appeals)-Civil appeals based on a point of law from
_________________
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Appeals FROM Supreme Court
If parties to either a civil or criminal case are not satisfied with the outcome of their case heard by the Supreme Court they can appeal to the following.
Criminal appealsAll criminal appeals from Supreme Court are
heard by the Court of Appeal. A decision can be appealed for the following reasons;
- Point of law- Conviction- Sanction
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Civil AppealsAll ___________the Supreme Court are also
heard by the Court of Appeal. An appeal can be lodged for the following reasons;
- Point of law- Question of fact- Damages (amount of compensation awarded)
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What is a point of law appeal?
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COURT OF APPEAL(CoA)
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Background information
The Court of Appeal ______________of the Supreme Court.
The Supreme Court can hear appeals, however the Court of Appeal division of the Supreme Court can also hear appeals.
Presided over by 3-5 judges
___________________________________
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Function of the CoA
Hears criminal and civil appeals.
___________________________, only hears appeals.
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Appellate Criminal Jurisdiction (Criminal appeals)
A person who has been found guilty of an offence in the County OR Supreme Court (trial division) can appeal to the Court of Appeal based on:
- Point of law- Conviction- Severity of sanction
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Appellate Civil Jurisdiction(Civil appeals)
A person can appeal a civil case determined in either the County Court of Supreme Court (one judge) based on;
- Point of law- Question of fact- Amount of damages
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Appeals FROM the Court of Appeal
If parties appeal their case to the Court of Appeal, and are still not happy with the outcome (civil or criminal), they can appeal it further to
______________________________