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Legal: Unit 4 AOS 1
original and appellate jurisdictions of the: Victorian Magistrates’ Court; County Court; and Supreme Court (Trial Division and Court of Appeal)
16
Law
Undergraduate 1
05/31/2017

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Cards

Term
Role of Magistrate's Court
Definition
  • Lowest Court in the Victorian hierarchy 
  •  Hears minor (summary) cases
  • No present jury
Term
Original criminal jurisdiction of Mag. Crt
Definition
  •  Summary minor offences e.g. traffic offences: speeding or running 
  •  Indictable hear summarily e.g. theft up to $100,000, minor assualt and burglary
  • Committal proceedings
  •  Issues warrants 
  • Hears bail applications/remand applications
Term
Original civil jurisdiction of Mag. Crt
Definition
  • Cases between $10,000 - $100,000 
  •  <$10,000 heard in arbitration e.g. VCAT
Term
Role of County Court
Definition
  • Middle court in the Victorian hierarchy
  •  Presided by a judge
  •  A jury MAY be present
Term
Original criminal jurisdiction of C.C
Definition
  •  Indictable/serious offences by not murder or manslaughter, treason or corporate offences
  • Heard by a judge and a jury of 12 or up to 15 if case is long
Term
Original civil jurisdiction of C.C
Definition
  • All civil claim are unlimited amounts
  • Heard by a single judge and OPTIONAL jury of 6 to 8 if the case is long
Term
Appellate criminal jurisdition of C.C
Definition
  • Appeals from Mag. Crt against: conviction or sentence 
  • Appeals from Children's Crt against: sentence
  • Appeals eard by a single judge. NO JURY
Term
Appellate civil jurisdiction of C.C
Definition
  • No appellate jurisdiction
Term
Role of Supreme Court (Trial Division)
Definition
  • Highest court in the Victorian hierarchy
  • Presided over by a judge called a 'Justice'
  • Jury may be present 
Term
Original criminal jurisdiction of Supreme Crt (Trial)
Definition
  • Serious indictable offences: muder, manslaughter, treason and terrorism 
  • Heard by 1 justice and a jury of 12 to 15 if long trial
Term
Original civil jurisdiction of Supreme Crt (Trial)
Definition
  • Unlimited jurisdiction
  • Heard by a single justice and OPTIONAL jury of 6 or 8 if long trial 
Term
Appellate criminal jurisdiction of Supreme Crt (Trial)
Definition
  • Appeals on points of law from Mag. Crt and Children's Crt 
  • Heard by 1 justice and no jury
Term
Appellate civil jurisdiction of Supreme Crt (Trial)
Definition
  • Appeals on points of law from Mag. Crt and VCAT
  • Heard by 1 justice and no jury
Term
Role of Court of Appeal (Supreme Crt)
Definition
  • Highest court of appeal in the Vicotrial court hierarchy
  • Presided over by 3-5 Justices 
  • 5 Justices is called a FULL BENCH
  • NO JURY
Term
Appellate criminal jurisdiction of C.o.A
Definition
  • Appeals on: point of law, convition or sanction from a single judge of the C.C or Supreme Crts
  • Heard by 3-5 judges
Term
Appellate civil jurisdiction of C.o.A
Definition
  • Appeals on point of law, decisions as to facts or amont of damages from a single judge of the C.C or Supreme Crts or VCAT 
  • Heard by 3 Justices
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