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 there were one level of courts instead of a hierarchy. The current hierarchical structure serves several important functions that contribute to the effectiveness and efficiency of the legal system.

1. System of Appeals: The hierarchy allows for a robust system of appeals, where higher courts can review and overturn decisions made by lower courts. This serves as a check on the lower courts and allows for corrections of errors that may have significant consequences for justice.

2. Specialization: Different levels of courts are specialized in handling various types of cases. For example, minor civil and criminal cases are addressed at the Magistrate's Court, while more serious matters are dealt with in the County and Supreme Courts. This specialization ensures that cases are handled by judges who are experts in their respective areas, leading to more informed decisions.

3. Efficient Allocation of Resources: Having a hierarchy allows courts to allocate their resources effectively. Higher courts can focus on complex cases that require more time and legal expertise, while lower courts can manage a larger volume of simpler cases. This division decreases the overall burden on the legal system and helps expedite the resolution of cases.

In conclusion, while a single level of courts may seem simpler, it would lead to inefficiencies, potential miscarriages of justice, and longer resolution times for cases.