Court Jurisdictions

Card Set Information

Author:
fire1234
ID:
110531
Filename:
Court Jurisdictions
Updated:
2011-10-20 07:30:34
Tags:
court hierarchy
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Description:
the hierarchy of Victorian courts and their jurisdictions
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  1. Magistrates' Court - Original
    • Civil
    • - up to $100,000 including personal injury
    • - claims less than $10,000 go to arbitration

    • Criminal
    • - summary offences (minor traffic offences)+
    • - indictable offences heard summarily (armed robbery)
    • - committal proceedings
    • - bail applications
    • - issuing warrants (one magistrate)
  2. Magistrates' Court - Appellate
    no appellate jurisdiction as the Magistrates' Court is the lowest in the Victorian hierarchy
  3. County Court - Original
    • Civil
    • unlimited
    • - one judge with an optional jury of six

    • Criminal
    • indictable offences
    • - except murder, attempted murder, defensive homocide, child homocide, certain conspiracy charges and treason
    • - one judge and a jury of 12 when the plea is 'not guilty'
  4. County Court - Appellate
    • Civil
    • no appeals

    • Criminal
    • - from the Magistrates' Court against a conviction or sentence (one judge)
  5. Supreme Court: Trial Division - Original
    • Civil
    • unlimited
    • - one justice with an optional jury of 6

    • Criminal
    • most serious indictable offences
    • - murder, attempted murder, treason
    • - one justice and a jury of 12 when the plea is 'not guilty'
  6. Supreme Court: Trial Division - Appellate
    • Civil
    • on points of law from the Magistrates' Court and VCAT
    • - one justice

    • Criminal
    • on points of law from the Magistrates' Court
    • - one justice
  7. Supreme Court: Court of Appeal - Original
    Operates as an appellate court, so there is no original jurisdiction
  8. Supreme Court: Court of Appeal - Appellate
    • Civil
    • - on points of law
    • - on questions of fact
    • - on an amount of damages
    • from a single judge in the County Court or Supreme Court
    • and from VCAT when heard by the president or vice-president
    • (3 justices)

    • Criminal
    • - on points of law
    • - on a conviction
    • - on the severity or leniency of sanction
    • from a single judge of the County Court or Supreme Court
    • (3-5 justices)
  9. High Court
    • (highest court of appeal for the states)
    • (one justice)
    • - federal law matters
    • - matters arising under a treaty
    • - where the Commonwealth is a party
    • - disputes between states or residents of two states
    • - disputes where an injunction is sought against an officer of the Commonwealth
    • - criminal cases like treason and sedition
  10. Full Court of the High Court
    • (at least 2 justices)
    • - appeals against the decision of the supreme courts of states and territories
    • - appeals against the Federal Court and the Family Court
    • - appeals from the High Court in its original jurisiction
  11. Full Bench of the High Court
    • (5 - 7 justices)
    • - interpretation of the Consitution

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