1. UNIT 4 LEGAL STUDIES VICTORIAN COURT HIERARCHY

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

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

5. Childrens 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. - 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. - criminal jurisdiction - hears all summary offences and all indictable offences except murder, manslaughter and culpable driving.

6. Childrens Court - family jurisdiction - Have the power to hear application for accommodation orders, child protection orders and permanent care orders. - 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 Childrens 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 Childrens Court must hear the case, unless exceptional circumstances exist having regard to: The act sought to clarify (among other provisions) the jurisdiction of the Criminal Division of the Childrens 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 Childrens Court must hear the case, unless exceptional circumstances exist having regard to: the age of the defendant the age of the defendant the nature of the alleged offence the nature of the alleged offence the stage of the proceeding the stage of the proceeding whether the sentencing orders available to the Childrens Court are appropriate whether the sentencing orders available to the Childrens Court are appropriate whether the defendant prefers the charge to be heard in the Childrens Court or in the Magistrates Court whether the defendant prefers the charge to be heard in the Childrens 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). - 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. 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. - 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. - 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. - 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. - 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 - 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. - 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. 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 - 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. - 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 test http://www.bssc.edu.au/public/learning _teaching/pd/samples/index.shtml http://www.bssc.edu.au/public/learning _teaching/pd/samples/index.shtml http://www.bssc.edu.au/public/learning _teaching/pd/samples/index.shtml