UNIT 4 LEGAL STUDIESAOS 1- DISPUTE RESOLUTION

County & Supreme Courts Jurisdiction

Victorian Court Hierarchy

Children’s Court

Coroner’s Court

Family CourtFEDERAL COURTS

STATE COURTS

COUNTY COURT

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 __________________

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

Original CIVIL jurisdiction

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 ___________

Original CRIMINAL jurisdiction

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.

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.

Appellate jurisdiction(What cases can the County court

hear that have been ___________________)

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.

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 _______________________

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)

County Court Review

SUPREME COURT

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.

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.

TRIAL DIVISION

Original CIVIL jurisdiction

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 ______________

Original CRIMINAL jurisdiction

Criminal Jurisdiction

Hears the ________________ criminal cases (indictable offences)

Murder, manslaughter, treason, defensive homicide.

Heard by Justice of Supreme Court and a jury of ____________

Appellate jurisdiction(What cases can the Supreme Court hear that have been appealed from

another court?)

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

_________________

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

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)

What is a point of law appeal?

COURT OF APPEAL(CoA)

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

___________________________________

Function of the CoA

Hears criminal and civil appeals.

___________________________, only hears appeals.

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

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

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

______________________________