UNIT 4 LEGAL STUDIES

1. UNIT 4 LEGAL STUDIES VICTORIAN COURT HIERARCHY

2. MAGISTRATES COURT • - regulated by the Magistrates Court Act 1989 (Vic) & run by a Magistrate. • - original jurisdiction only and lowest court in the hierarchy. • - criminal jurisdiction - hears all summary offences and offences that are indictable but triable summarily. • eg. speeding, drink driving, theft etc.

3. MAGISTRATES COURT • - civil jurisdiction - can hear claims up to $100000. • Also has added 3 new divisions – Koori Court, Drug Court & Family Violence Division

5. Children’s Court • - Regulated by the Children and Young Persons Act 1989 (Vic) & run by a Magistrate. This court hears criminal offences and welfare matters involving children under the general age of 18. • - criminal jurisdiction - hears all summary offences and all indictable offences except murder, manslaughter and culpable driving.

6. Children’s Court • - family jurisdiction - Have the power to hear application for accommodation orders, child protection orders and permanent care orders.

7. Children and Young Persons (Miscellaneous Amendment) Act 2005 (Vic.) • The act sought to clarify (among other provisions) the jurisdiction of the Criminal Division of the Children’s Court. It provides that if before or during the hearing for a charge it appears to the Court that the defendant is of or above the age of 19 years, but was a child (under 18) when the hearing commenced in the Court, the Children’s Court must hear the case, unless exceptional circumstances exist having regard to: • the age of the defendant • the nature of the alleged offence • the stage of the proceeding • whether the sentencing orders available to the Children’s Court are appropriate • whether the defendant prefers the charge to be heard in the Children’s Court or in the Magistrates’ Court

9. Coroners Court • - Regulated by the Coroners Act 1985 (Vic) & run by a Coroner whose task is to investigate and establish the cause of death in reportable deaths (through unexpected, unnatural or violent causes). • The courts main purpose is to establish the cause of death, identify the deceased victim and to identify any people associated with the death.

11. County Court • - Regulated by the County Court Act 1958 (Vic) & run by a Judge referred to as ‘Your Honour’. A jury of twelve members can be used to determine the guilt of concerned parties, or 15 jurors in longer trials. • - criminal jurisdiction - hears most indictable offences eg robbery & rape. They can also hear appeals on fact or severity of sentence from the Magistrates Court, heard by a single judge.

12. County Court • - civil jurisdiction - hear claims of up to $200000 on property damage or breach of contract and unlimited claims involving personal injury. Can use of jury of 6 or up to 8 in longer hearings.

14. Supreme Court • - Regulated by the Supreme Court Act 1958 (Vic) and adopts the same use of juries as the County Court. • - criminal jurisdiction - hears all indictable offences, including murder, manslaughter and treason

15. Supreme Court • - civil jurisdiction - hears cases involving an unlimited amount of money, but usually over the $200,000 limit. They also have the power to hear cases of injunctions and appeals from all State courts.

17. High Court of Australia • It is the final court of appeal and its decisions are binding on all courts in Australia. The court is presided over by 1,3 or 5 justices in its appellate jurisdiction. Matters involving the constitution must be decided by all 7 judges, often known as the Full Bench of the High Court.

18. High Court of Australia • - criminal jurisdiction - hears breaches of federal law • - civil jurisdiction - hears cases involving the interpretation of the Constitution, disputes between states and governments and cases of breach of treaties.

21. Use the following link to complete the online testhttp://www.bssc.edu.au/public/learning_teaching/pd/samples/index.shtml