In your opinion, would the Victorian legal system improve if there was one level of courts instead of a hierarchy? Justify your answer. - VCE - SSCE Legal Studies - Question 3 - 2011 - Paper 1

In my opinion, the Victorian legal system would not improve if it were to have only one level of courts. Although a singular level may seem beneficial for simplicity, it lacks essential advantages offered by a hierarchical structure.

A hierarchy allows for a system of appeals, where higher courts can rectify errors made by lower courts. This is vital for maintaining the integrity of the legal system. For instance, if a Magistrate's Court makes a decision, it can be reviewed by the County Court or the Supreme Court, ensuring more accurate and fair outcomes. Without this, incorrect decisions could remain unchallenged, leading to systemic injustices.

Furthermore, the specialization that a hierarchical structure provides plays a crucial role. Different courts handle varying types of cases; for example, minor civil matters are dealt with in lower courts, while more complex civil cases and serious criminal matters are handled by higher courts. This specialization allows judges to develop expertise in specific areas of law, promoting efficiency and effectiveness in legal proceedings.

Additionally, a single level of courts could overwhelm a singular system, leading to more cases being piled up without adequate resources to resolve them efficiently. The current system is designed to distribute cases according to their complexity, which helps manage the workload of the judiciary effectively.