6.0 Court Hierarchy

Jurisdiction

the right of power of a court to hear or deal with particular cases.

Overview of Victorian Court hierarchy

  • Each of the courts has it’s own jurisdiction, which is the right of power of a court to hear or deal with particular cases.

  • Most of the courts in Victoria have the jurisdiction to hear both criminal cases and civil disputes.

  • For example, the Magistrates’ Court can hear minor criminal offenses (e.g. minor theft and minor assault), and the Supreme Court can hear serious criminal offenses (e.g. murder and attempted murder).

  • Some courts have the jurisdiction to hear appeals.

Four reasons for a court hierarchy

  • Allows for administrative convenience. This means that cases can be heard more efficiently. There will be more less serious cases (which generally require a quicker hearing) which can be dealt with in lower courts, allowing time for higher courts to hear more complex cases (which will take longer).

  • Allows for the doctrine of precedent - this relies on decision making of higher courts, to which lower courts will be bound. This allows for consistency, so lawyers can understand and predict the likely outcomes

  • Allows for specialization and expertise. By specializing in certain cases, judges will build their expertise in these areas.

  • Allows for an appeal process. This allows for superior courts to review the decisions made by lower courts. If someone is dissatisfied with an outcome in a lower court, they can apply to appeal the decision.

Court Jurisdiction

Jurisdiction: the right, power, or authority to administer justice by hearing and determining disputes

Original Jurisdiction:

  • The court that hears the case when it is first brought to court

Appellate Jurisdiction:

  • The court that hears the case on appeal

    • Note: Appeals can be made on a MATTER OF FACT, or POINT OF LAW

Court jurisdiction and Types of law

Courts can also be described as having either criminal or civil jurisdiction:

  • Criminal jurisdiction is the power of a court to hear and determine a criminal case

  • Civil jurisdiction is the power of a court to hear and determine a civil matter.