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The court hierarchy: The court hierarchy:

The court hierarchy: - PowerPoint Presentation

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Uploaded On 2017-11-19

The court hierarchy: - PPT Presentation

Jurisdiction Jurisdiction refers to the power or authority of a court to hear and determine specific disputes Original jurisdiction refers to the power to hear a case in its first instance ID: 606338

hierarchy court jurisdiction courts court hierarchy courts jurisdiction precedent case cases reasons hear higher operate appellate doctrine federal victorian family system legal

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Presentation Transcript

Slide1

The court hierarchy:Slide2

JurisdictionJurisdiction

refers to the power, or authority of a court to hear and determine specific disputes.

Original jurisdiction

refers to the power to hear a case

in its first instance

For example the jurisdiction of the Magistrates’ Court is

:

Original criminal

:

Original civil: Slide3

JurisdictionAppellate jurisdiction refers to the power to hear a case

on appeal

from a lower court

For example the appellate jurisdiction of the County Court is

Appellate criminal

:

Appellate civil:Slide4

Victorian Court HierarchySlide5

Federal Courts

Federal Courts

operate at a national level.

These include:

the High Court

the Federal Court

the Family Court (operate within each state except WA)

Courts within the Victorian hierarchy may interact with these courts depending on the nature of the case they are hearing.

All courts in the Victorian hierarchy are bound by precedent set by the High Court

***You do not need to know the jurisdiction of these courts***Slide6

The Court HierarchyThe different courts in Australia are ranked in a hierarchy with the higher courts hearing the more serious or complex cases.

We do this for a number of reasons….Slide7

Reasons for a hierarchyDoctrine of precedent-

The existence of a court hierarchy allows for the operation of the doctrine of precedent (lower courts must follow the legal reasoning behind decisions made in higher courts)

*Without

the existence of a court hierarchy; the doctrine of precedent could not

operate*Slide8

Reasons for a hierarchyAppeals-

The court hierarchy allows for a system of appeals to operate effectively. Within the system, if a party is dissatisfied with their outcome in a lower court, they can appeal to a higher court who can review their case and potentially overrule a decision. Slide9

Reasons for a hierarchy

Specialisation-

A court hierarchy enables the

worlaod

of the courts to be divided. This allows each court to develop a level of expertise .

The court processes are also streamlined to provide for specialised legal personnel and legal procedures.

Judges and Magistrates in each court have a specialised understanding of the law in relation to the types of cases that they hear. This promotes timely resolution of disputes.

e

g

: Supreme Court Trial Division– murder related offences

Family Court– family disputes and custodial issues. Slide10

Reasons for a hierarchyAdministrative Convenience-

A court hierarchy makes efficient use of the limited financial and physical resources available. This reduces the amount of delays by providing a means for allocating cases according to their seriousness and complexity.

The jurisdiction of each court is clearly established an people do not need to waste time and money initiating an action in an inappropriate court.

eg

minor cases are heard by the Magistrates’ CourtSlide11

Problems with a hierarchyThere can be possible confusion as to which court hears which particular case

More administration and personnel required to run the system

Precedent can be distinguished, overruled, disapproved or reversed by higher court and may not be appropriate

Appeals add to the cost of cases