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
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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