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LEGAL STUDIES UNIT 4
AOS 1 – Booklet 1.1
* The reasons for a court hierarchy
* Original and appellate jurisdictions of the Victorian Magistrates’
Court, County Court and Supreme Court (Trial Division and Court
of Appeal)
BACKGROUND information for this Area of Study.
The differences between criminal cases and civil disputes
Unit 4 focuses on how criminal cases and civil disputes are dealt with through
the courts and tribunals, and the methods used by those bodies to resolve
disputes.
Unit 4 also focuses on the extent to which the legal system is effective,
problems faced by individuals when using the legal system and recent and actual
proposed changed designed to enhance the effective operation of the legal
system.
Criminal cases
Criminal cases are …………………………………………………………and
involve…………………………………………………………………………………………………………….
The police (prosecution) have the responsibility of taking an offender to court, on behalf of society.
Because….. criminal law is concerned with society as a whole.
What are some examples of offences under criminal law?
Explain the two types of criminal offences:
1.
2.
Civil disputes
Civil actions are:
Explain the purpose or aim of civil action.
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Explain the main areas of civil actions.
Ways of resolving disputes
There are many ways to resolve a dispute in a civil case and there are many factors to consider when
deciding which is the best method to resolve a civil case.
1. Courts: the traditional way of resolving a dispute is to take it to court for settlement
through judicial determination (………………………………………………………). The
judiciary presides over the case and formal rules of evidence and procedure are used.
A decision made by the court is binding on the parties, although it can be appealed
against.
2. Tribunals: Tribunals have the power to resolve specific …………………….within the
area of law making power that they are given (eg discrimination cases). Tribunals
such as the Victorian Civil and Administrative Tribunal (VCAT) are less formal in the
way that they hear cases, but are still able to make binding decisions.
3. Alternative Dispute Resolution Methods (ADR): ADR includes mediation,
conciliation and arbitration. These methods of dispute resolution are generally
quicker, cheaper and less intimidating. However, other than arbitration, they are not
binding on the parties.
Overlap between criminal law and civil law
Explain how there can be overlap between criminal law and civil law in the one situation.
Describe five differences between civil law and criminal law.
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If you were to summarise this learning… what are the most important
points/new knowledge for you?
The Victorian court system
As you know, the Victorian system has a range of courts, each with different functions and jurisdictions.
Define the term jurisdiction:
There are two ‘types’ of jurisdictions – original jurisdiction and appellate jurisdiction.
Explain what is meant by original jurisdiction.
Explain what is meant by appellate jurisdiction.
What grounds can be used for an appeal?
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AREA OF STUDY ONE – DISPUTE RESOLUTION METHODS
Reasons for a court hierarchy
As you know, there is a court hierarchy in Victoria. That is, courts are graded in order of importance and
severity of cases heart, with the High Court being the highest court dealing with the most complex
cases.
Draw the Victorian Court hierarchy.
Would a one-court system work? Justify your answer.
There are four main reasons as to why Victoria has a court hierarchy.
MNEUMONIC DEVICE…….
PAAS – Poke An Animal Sick
Precedent
Appeals
Administrative convenience
Specialisation.
1. It allows the doctrine of precedent to operate. Explain.
2. It allows people to appeal a decision made in a court. Explain.
3. It provides administrative convenience. Explain.
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4. It allows the courts to specialise. Explain.
However, there are problems with having a court hierarchy.
Using the table EXPLAIN some of the advantages and disadvantages of a court hierarchy.
Advantages of a court hierarchy
Disadvantages of a court hierarchy
Victorian Courts
Magistrates’ Court
The Magistrates’ Court is the lowest court in the hierarchy.
Explain the types of cases that the Magistrates’ Court deals with.
What is a committal proceeding? Does the Magistrates’ Court deal with committal proceedings?
Draw a diagram explaining the structure of the Magistrates’ Court.
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Read pages 260-262 of JO.
Criminal jurisdiction of the Magistrates’ Court
The Magistrates’ Court has a criminal jurisdiction over:
 Summary offences
Explain:
 Indictable offences heard summarily
Explain:
 Committal hearings
Explain:
 Issuing warrants
Explain:
 Bail applications
Explain:
What is the maximum sentence that the Magistrates’ Court can impose?
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Civil jurisdiction of the Magistrates’ Court
The Magistrates’ Court will hear all civil disputes up to $100,000 including:
 Motor vehicle accident claims
 Disputes about a contract
 Torts (defamation, negligence
 Personal injury claims
Can the Magistrates’ Court also operate as a Family Court? Explain.
Can the Magistrates’ Court hear complains for which the amount of money sought is less than $10,000?
If not, what court/body deals with this matter.
Appeals
Can the Magistrates’ Court hear appeals in civil or criminal matters?
Appeals from the Magistrates’ Court
Criminal cases
In criminal cases, a person convicted of an offence by the Magistrates’ Court can appeal to the
……………………………………….
Against………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………….
What can the Director of Public Prosecutions do?
Appeals are heard in the County Court before one judge. The County Court can decide to:
*
*
*
If the accused is not satisfied with the outcome of the appeal in the County Court what can they do?
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The Supreme Court (one judge) can hear criminal appeals from the Magistrates’ Court
on…………………………………………… The judge in the Supreme Court can decide to:
*
*
*
If a person appeals to the Supreme Court on a point of law, then they cannot then appeal to the County
Court on another ground.
Appeals from the Magistrates’ Court
Civil cases
In civil cases, a party cannot appeal against a magistrate’s decision to the County Court, but may
appeal to the Supreme Court, from the Magistrates’ Court, on a point of law.
The Supreme Court (one judge) can decide to:
*
*
*
Draw a mind map that shows appeals from the Magistrates’ Court to the County Court and the Supreme
Court
The Magistrates’ Court has many specialist divisions. Specialist courts operate to make sure that
members of the community have positive outcomes in dealing with the legal system. These courts are
not separate from the Magistrates’ Court, but a division of the court.
The Drug Court Division
Explain the Drug Court’s main responsibilities.
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Explain the Drug Court’s main aims.
The Koori Court Division
Explain the main aim of the Koori Court.
Describe the jurisdiction of the Koori Court.
When sentencing, what does the Koori Court need to take into consideration?
The Family Violence Division
Explain the main aims of the Family Violence Court.
Describe the jurisdiction of the Family Violence Court.
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Neighbourhood Justice Centre
A neighbourhood justice centre is a place where citizens are able to have their civil and criminal cases
heard (except for serious sexual offences and committal proceedings) in a less formal setting, which
is designed to make it easier for people to access the justice system and address the
underlying causes of criminal behaviour.
Describe the jurisdiction of the Neighbourhood Justice Centre.
Describe some other services that the Neighbourhood Justice Centre provides.
Sexual Offences List
A specialist list of the Magistrates’ Court has been created to deal with proceedings that relate to the
change for a sexual offence.
Why is having a Sexual Offences list a good thing?
Assessment and Referral Court List
The Assessment and Referral Court list of the Magistrates’ Court is designed to……………..
Suggest how specialised lists such as the Sexual Offences List and the Assessment and Referral Court
List can benefit individuals involved in the case and legal system.
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Other Victorian specialist courts do exist – such as The Children’s Court, Coroner’s Court.
There are also other federal courts that administer Commonwealth laws. These are – High Court of
Australia, Family Court, Federal Court.
The County Court
The County Court of Victoria is an intermediate court, placed between the
………………………………….and the ………………………………………………………..The court hears
civil and criminal cases.
What kind of matters does the County Court deal with?
What court and types of matters does the County Court hear?
Criminal jurisdiction of the County Court
The County Court in Victoria has jurisdiction to hear most INDICTABLE offences (…………….) including
(……………………………………………………………………………………….). List the offences that
CANNOT be heard in the County Court:
Criminal trials when the accused pleads not guilty, are heard before a judge and jury of 12 (although 15
can be empanelled because a case can take a long time). The jury listens to the facts and decides
whether the accused is guilty or not guilty. The judge’s role is
to………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
Who brings the case to the court in a criminal case?
Who is the person whom the case is against in a criminal case?
Civil jurisdiction of the County Court
The County Court has unlimited jurisdiction to hear all civil disputes.
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The County Court can also hear claims against Councils for loss or injury while using roads, land,
buildings etc under control of the council.
Appeals
Appeals in criminal cases
Explain who the County Court can hear appeal from and why.
Explain the outcomes for if an appeal against a conviction is successful.
Explain the outcome for if an appeal against the penalty given is successful.
Appeals in civil cases
Does the County Court have the jurisdiction to hear appeals in civil matters?
Appeals from the County Court
In both civil and criminal cases the Court of Appeal, with three justices, hears appeals from the County
Court.
Explain why the County Court can appeal to the Court of Appeal in criminal matters.
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Explain why the County Court can appeal to the Court of Appeal in civil matters.
Describe the appellate jurisdiction of the County Court.
Specialist divisions of the County Court
Explain the various types of cases that can be heard by the Koori Court. In your opinion, does this court
assist with the achievement of justice in our court system? Discuss.
The Supreme Court
The Supreme Court of Victoria is the superior court of record. Cases heard in the Supreme Court are
recorded and may be used as precedents in future cases. It is the highest court in the state hierarchy
although appeals can be made to the High Court. The court hears criminal and civil cases.
Explain the function of the Supreme Court.
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The Supreme Court is divided into two divisions:


Trial division
Court of Appeal
Criminal jurisdiction of the Supreme Court
The Supreme Court hears……………………………………………………………………………..such as
…………………………………………………………………………………………………………………….
All criminal cases in which the accused is pleading not guilty are heard before a judge and jury of 12. If
the accused is pleading guilty, no jury is empanelled.
Civil jurisdiction of the Supreme Court
Explain the civil jurisdiction of the Supreme Court.
Appeals
Criminal cases
In criminal cases, the judge of the Supreme Court can hear appeals from the ………………………on a
point of law. If the judge decides that the magistrate’s decision should stand, the appeal is dismissed. If
the judge agrees that there has been an error in law and the magistrate’s decision should be overturned
then the appeal is allowed.
See the example on page 278 – traffic lights – a point of law.
Civil cases
In civil cases, a single judge in the Supreme Court can hear appeals from the Magistrates’ Court on a
point of law. A single judge can also hear appeals
from……………………………………………………………………………………………………………….
In a civil case, the Court of Appeal hears appeals from a single judge of the Supreme Court.
Draw a diagram that explains the appeals from the Supreme Court to the Court of Appeal for both
criminal matters and civil matters.
Court of Appeal
The Court of Appeal is a division of the Supreme Court of Victoria. It has no original jurisdiction and is
the highest Victorian appeal court, hearing appeals
from…………………………………………………….There are…… judges in a case before the Court of
Appeal.
Explain the function of the Court of Appeal.
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Explain the structure of the Court of Appeal.
Criminal jurisdiction of the Court of Appeal
When can a person who has been found guilty in the County Court or Supreme Court appeal to the
Court of Appeal?
The Office of Public Prosecutions may only appeal
against…………………………………………………….and not against an aquittal (………………….). The
court will not hear the facts of the case again but may ………………………………………………………..
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
Civil jurisdiction of the Court of Appeal
The Court of Appeal hears appeals in its civil jurisdiction from the County Court and the single judge of
the Supreme Court. It also hears appeals from
………………………………………………………………………………………………………………………..
The grounds for appeal for a civil matter include:
 a point of law
 a question of fact
 the amount of damages.
Appeals from the Court of Appeal
Criminal and civil appeals from decisions of the Court of Appeal are heard by the full court of the high
court.
Draw a flow chart to demonstrate the appeals processes in the Magistrates’ Court, the County Court
and the Supreme Court for both civil and criminal jurisdictions. It is tempting to copy it from the book but
this will not help you to understand it ….. so give it a go on your own!
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Case transfers
Whilst courts mainly hear cases in their own jurisdiction, there may be some circumstances in which the
cases are transferred between the Magistrates’ Court, County Court and Supreme Court. This is done
due to the seriousness or complexity of the case or to spread workload between courts.
Complete question 7 and 9 on page 283 of JO.
An important advantage of having a hierarchy of courts is that it provides for appeals. Describe the
original and appellate jurisdiction of each of the following courts and suggest two other reasons
justifying the existence of a court hierarchy:
 The County Court
 The Supreme Court
Draw a MASSIVE mind map that shows the court hierarcy, jurisdiction and appeals processes in
Victoria. Remember to use COLOURS to LOCK IT IN TO MEMORY!