Reasons for a court hierarchy

Court Hierarchy of Victoria

You will need to know: Original and appellate jurisdiction of Supreme and County Courts Which court would you most likely hear a summary offence in? Which court would you most likely hear an indictable offence in? An example of each type of offence

Specialisation The courts are ranked in order of importance according to the types of cases they hear. The courts higher in the hierarchy hear the more serious and complex cases. For example, murder cases are heard in the Supreme Court. The lower courts, such as the Magistrates' Court, hear less serious disputes such as shop theft and traffic offences. It is thought that courts specialising in hearing specific types of disputes develop expertise in the resolution of disputes. This is because the court deals with similar matters on a daily basis.

Appeals In many organisations there is often a method of obtaining a second opinion. The court hierarchy enables any person who is not satisfied with the outcome of a case to appeal to a higher court, to have the case re-heard and the earlier decision reviewed and perhaps changed, provided that there are recognised grounds on which the appeal is based. Appeals can be made on a variety of grounds. An appeal may be made against the sentence itself or the conviction.

Doctrine of precedent While resolving disputes, courts may sometimes make law through the doctrine of precedent. This involves judges following previous decisions in future cases with similar facts. It is a practice whereby decisions of a higher court are binding, and must be followed by all lower courts in the same court hierarchy (binding precedent). This provides some certainty in law made by judges, as lawyers and judges can read earlier cases and make decisions about whether it is appropriate to apply the law established in past cases to the case before them. Without a court hierarchy precedent would not operate.