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legal ch 4.6
u3 aos1 criminal justice system
| Question | Answer |
|---|---|
| Original jurisdiction | the power of a court to hear the case for the first time |
| Appellate jurisdiction | means the court has the power/ability to hear a matter on appeal |
| Importance of specialisation of courts | Familiar with types of cases in specific jurisdiction – develops and capitalises on expertise |
| Jurisdiction | the lawful authority of a court, tribunal or other dispute resolution body to decide legal cases |
| mag court | Summary offences that need to be dealt with quickly and cheaply, committal proceedings, bail applications, warrants. no appellate jurisdiction |
| Mag - Drug Court Division | Sentencing only, cases involving drugs . Aim is rehabilitation, reduction in reoffending, improvement in social functioning |
| Mag - Koori Court Division | Sentencing only, excludes sexual offences, family violence, breaches of intervention orders,Aim is to provide culturally relevant process and sentence, to address disadvantage and to minimise reoffending |
| Vic County Court | Indictable offences except murder, attempted murder, treason, some conspiracies and some corporate offences. there is both original and appellate |
| Victorian Supreme Court, Trial Division | Heard the most serious indictable offences develop expertise in those types of crimes. there is appellate. |
| VSC, Court of Appeal | only appellate |
| high court | Matters involving interpretation of the Constitution. there is both original and appellate. |
| Appeals | If a party feels the decision is unjust, they can appeal to a superior court of record with regards to a correct or unjust decision |
| Appellant | party who appeals |
| Respondent | party who responds |
| what can you appeal based on | Appealing on a question of law |
| disadvantages of appeals | Add time and cost. Generally require legal representation. Parties may need to leave to appeal |
| leave to appeal | they have to explain the basis of their appeal and the court decides whether it is worth hearing |
| Appeals provide fairness because | any mistakes in the original decision can be corrected to achieve a fair trial |
| Appeals provide access because | access to to CJS by being able to properly engage with rights |
Created by:
pg0612345
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