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'The Victorian court hierarchy is an important part of our legal system - VCE - SSCE Legal Studies - Question 3 - 2012 - Paper 1
Question 3
'The Victorian court hierarchy is an important part of our legal system. It allows the doctrine of precedent to operate and it establishes the jurisdiction of courts... show full transcript
Worked Solution & Example Answer:'The Victorian court hierarchy is an important part of our legal system - VCE - SSCE Legal Studies - Question 3 - 2012 - Paper 1
Step 1
Explain one reason why a precedent established in the Victorian Supreme Court (Court of Appeal) may not have to be followed in the Victorian Supreme Court (Trial Division)
Answer
One reason why a precedent established in the Victorian Supreme Court (Court of Appeal) may not need to be followed in the Trial Division is related to the hierarchical structure of the court system. In this structure, the Court of Appeal is above the Trial Division, and while generally, decisions made by higher courts should be followed by lower courts, the Trial Division has the discretion to not follow a precedent if it determines that the case it is dealing with has a sufficiently different context or legal issue.
For instance, the Trial Division may find that the facts of a case are materially distinct from those in the precedent set by the Court of Appeal, thus allowing the Trial Division to diverge from that precedent when making a decision. This allows for judicial flexibility and acknowledges that not all cases will apply the same legal principles, depending on their specific circumstances.
Step 2
Using the Magistrates’ Court as an example, explain the term 'original jurisdiction'
Answer
The term 'original jurisdiction' refers to the authority of a court to hear a case for the first time, as opposed to appellate jurisdiction, where a court reviews decisions made by lower courts. The Magistrates' Court, for instance, has original jurisdiction over minor civil and criminal matters. This means that it is the first court that parties will go to for resolving their disputes or for having charges brought against them.
In practical terms, when a case is initiated in the Magistrates' Court, it is heard by a magistrate who will evaluate the evidence, hear witness testimony, and make a ruling or judgment based on the law as it applies to the facts of the case. This foundational role of the Magistrates' Court is crucial in the judicial hierarchy, as it serves as the entry point for legal proceedings in many instances.