Unit+4+SAC+1+-+More+REVISION!

1 Define ‘original jurisdiction’ and ‘appellate jurisdiction’. 2 Why do you think it is necessary to have specialisation in the court system? 3 Why is a court hierarchy a necessary element of a system of appeals? 4 Explain how precedent could not exist without a court hierarchy. 5 How can a court hierarchy provide administrative convenience?

__TheMagistrates’ Court__ 1 Read the following case study and answer the questions below DRIVER FINED $1500 Mrs X, who had been living in Hong Kong, flew home to Melbourne for her 30th birthday party. On her way to the party a person driving a family car, Mr Y, swerved across the Belgrave– Hallam Road into oncoming traffic. Mrs X was hit and killed. Mr Y was originally charged with culpable driving, which would have been heard in the County Court. There was a discrepancy with the two blood-alcohol tests that were taken from Mr Y and the charge was reduced to careless driving. The case was heard in the Magistrates’ Court. Mr Y was found guilty and fined $1500. His licence was suspended for three months.

1 . a In which court was this case heard? b Is this a criminal or civil case? Give reasons. \   c Who was found guilty and what was the charge? d What punishment did the accused receive? e If Mr Y wished to appeal the decision of the Magistrates’ Court, what grounds could he appeal under and to what court? f Do you think that this decision was fair? Explain. In your explanation consider the point of view of: the victims the accused society as a whole. g What decision would you have given in this case? Give reasons. 2 Distinguish between a summary offence and an indictable offence. 3 If you were charged with an indictable offence, explain two reasons why you would generally decide to have the case tried summarily. 4 Explain the diversion program used in the Magistrates’ Court. 5 What are committal proceedings? 6 How is the process of holding a committal proceeding beneficial to the accused and/or the legal system? 7 Is there a jury in the Magistrates’ Court? Explain. 8 Describe the jurisdiction of the Magistrates’ Court.

__The County Court__ 1 Describe the original jurisdiction of the County Court in civil disputes. 2 Describe the original jurisdiction of the County Court in criminal cases. Which types of criminal offences cannot be heard in the County Court? 3 Describe the appellate jurisdiction of the County Court. 4 Explain the types of cases heard by the Koori County Court. In your opinion, does this court assist with the achievement of justice in our court system? Discuss.

5 Read the case study ‘Stealing credit cards’ and answer the questions. a How do you know that this is a criminal case and not a civil case? Explain. b Why was this case heard in the County Court? Explain. c If the accused thinks the sentence given is too severe, to which court could he appeal? Explain.

STEALING CREDIT CARDS A Melbourne man pleaded guilty in the County Court to 46 counts of obtaining property by deception, two counts of handling stolen goods and one count of theft. The man posed as a pamphlet delivery man to gain access to residential letterboxes. He or his accomplice would ring the people whose credit cards or checkbooks they had stolen and pretend to be calling from the bank to elicit account passwords and personal identification numbers. The two men were then able to cash cheques at the bank or use the credit cards to buy products. The amount obtained fraudulently was $62 580, much of which had been spent on heroin and poker machines. The prosecutor said ‘It’s a traumatic experience for the average person having their day-to-day affairs invaded in such a way’. Under schedule 4 of the Magistrates Court Act the offence of obtaining property by deception is able to be heard summarily (in the Magistrates’ Court) if the amount of money obtained in this way is less than $25 000.

__Supreme Court and Court of Appeal__ 1 Outline the jurisdiction of the Supreme Court Trial Division. 2 Given that the original civil jurisdiction of the Supreme Court is the same as the County Court, how is it decided in which court a case involving a claim over $100,000 will be heard? 3 What type of appeals can be heard in the Supreme Court before one judge? 4 What grounds are required for a civil appeal to be heard in the Supreme Court? 5 What is the role of the Court of Appeal? 6 When may the Court of Appeal set aside a jury’s verdict? 7 Read the following cases and decide which court would hear each case and whether it would be in that court’s original or appellate jurisdiction: a Richard pulled out of a parking spot in his red Holden EH. He did not look carefully and bumped into a brand new Rolls Royce. The damage to the Rolls Royce was valued at $26 000. Richard was not insured, and the driver of the Rolls Royce is suing Richard for repairs to her car. b Georgina was convicted of murder and sentenced to 20 years in prison. She wishes to take the matter back to court to challenge the severity of the sentence. c Kristen recently sued Lorraine and Barry for negligence and was successful. The court awarded her $10 000 in damages. Lorraine and Barry were not happy with the decision. They feel that they have been unfairly treated by the court and want to take the matter further to change the decision. d Harrison was awarded $60 000 in a personal injury case against Jessica. Jessica is appealing against the decision on a point of law.

WOMAN ACQUITTED OF KILLING A jury acquitted 39-year-old Claire MacDonald of the murder and manslaughter of her husband, Warren MacDonald. During their 17-year marriage, Mrs MacDonald had been subjected to physical, emotional and sexual abuse by her controlling husband, who also abused their children. The court heard that Mrs MacDonald lured her husband into a paddock. She then lay in wait for him in a sniper’s nest for 90 minutes before fatally shooting him. The jury took one and a half days of deliberation before acquitting Mrs MacDonald. 8 Read the case study ‘Woman acquitted of killing’ and answer the questions. a What is the original jurisdiction of the Supreme Court in criminal matters? b What was the woman charged with and what was the outcome? c If the woman had been found guilty, to which court could she appeal against the decision if the judge had given incorrect instructions to the jury?

__VCAT__ 1 Explain the advantages of having a ‘super tribunal’ such as VCAT, compared with having many different tribunals. 2 How does VCAT help to keep costs low for parties with a dispute? 3 What steps does VCAT take to ensure that complainants can readily access its services? 4 Suggest why VCAT has grown in importance in the Victorian legal system. 5 Explain two cases that have been heard by VCAT. In your explanation of each case, point out the circumstances of the case and the outcome. 6 In what circumstances can appeals be made from VCAT? Explain referring to the case study ‘Appeal from VCAT on a point of law’ in your explanation

__Dispute resolution methods — mediation__ 1 What problems can arise if parties to a dispute decide to try to take the matter into their own hands, rather than negotiate a settlement to the problem? 2 Explain what is meant by mediation. Give examples of two types of disputes that could be suitable for resolution through mediation. 3 Briefly describe the processes used in reaching an agreement through mediation. 4 What are some of the problems that might be experienced when attempting to resolve disputes through mediation? 5 Choose three types of disputes that are not suitable for mediation and explain why you think this would be the case. 6 Describe the ways in which mediation is used in the Supreme Court. 7 How is mediation used in VCAT? Comment on how successful mediation is in settling disputes.

__Conciliation, arbitration and judicial determination__ 1 How does the role of the third party in conciliation differ from their role in mediation? 2 Explain the role of compulsory conferences in VCAT. 3 Suggest one way in which arbitration differs from mediation, and one way in which they are similar. 4 How does arbitration differ from a formal court hearing? 5 When is arbitration used in the Magistrates’ Court? 6 Distinguish between judicial determination and alternative methods of dispute resolution. 7 Discuss the effectiveness of judicial determination in courts and VCAT. 8 Construct a concept map showing the different types of dispute resolution for civil disputes.

__Evaluation of dispute resolution methods__ 1 Describe two strengths and two weaknesses of having a dispute resolved through mediation, rather than judicial determination. 2 In what situations could judicial determination be a more appropriate way to resolve cases than ADR? 3 Victorian Attorney-General Rob Hulls has said that he prefers the term ADR to mean Appropriate Dispute Resolution, rather than Alternative Dispute Resolution. Suggest reasons why he might prefer this term. 4 ‘Dispute resolution processes such as mediation and conciliation provide a more efficient method of resolving all cases, compared with judicial determination.’ Discuss.

__Evaluation of the operation of courts and VCAT__ 1 Evaluate the way in which courts operate to resolve disputes. 2 Critically evaluate two strengths of VCAT as a dispute resolution body. 3 ‘Tribunals operate more effectively in resolving all disputes. They should be used in preference to courts.’ Discuss.

__PRACTICE EXAM QUESTIONS__ 1 a Justify the existence of a court hierarchy in Victoria. (6 marks) b Explain the jurisdiction of the Magistrates’ Court in criminal cases and civil disputes. (4 marks) c Evaluate the strengths and weaknesses of methods of dispute resolution. (10 marks) 2 a Explain the role of the Victorian Civil and Administrative Tribunal. (4 marks) b Explain the differences between mediation and conciliation. Explain when these types of methods of dispute resolution are used. (4 marks) c Describe the jurisdiction of the County Court in criminal cases and civil disputes. (2 marks) d Evaluate the operation of courts and the Victorian Civil and Administrative Tribunal. (10 marks)

__ASSESSMENT TASK STRUCTURED QUESTIONS__ 1 Describe the original and appellate jurisdiction of a court in the Victorian hierarchy. (4 marks) 2 Describe the appeal process from and to that court. (2 marks) 3 Explain the reasons for the existence of a court hierarchy. (4 marks) 4 Explain the role that VCAT plays in the Victorian legal system. (4 marks) 5 Compare the ADR processes of mediation, conciliation and arbitration. (6 marks) 6 Describe the jurisdiction of the Magistrates’ Court for criminal cases and civil disputes. Which types of dispute resolution methods are used in the Magistrates’ Court when hearing civil cases? (4 marks) 7 Describe the mediation programs operating in VCAT and the Supreme Court. (6 marks) 8 Evaluate the effectiveness of the ADR processes in the resolution of civil disputes.(6 marks) 9 Evaluate the strengths and weaknesses of courts as dispute resolution bodies. (4 marks) (Total 40 marks)

1 Describe the role and function of the Victorian Civil and Administrative Tribunal. (4 marks) 2 Show the links to courts for the appeal process. (2 marks) 3 Justify two reasons for the existence of a hierarchy of courts. (4 marks) 4 Explain the processes of mediation, conciliation and arbitration. (6 marks) 5 Explain how these methods of dispute resolution are used in VCAT. (4 marks) 6 Assess the effectiveness and discuss the strengths and weaknesses of mediation, conciliation and/or arbitration as alternative methods of dispute resolution. (8 marks) 7 Explain the meaning of judicial determination, and where it is used in the legal system. (4 marks) 8 Compare and evaluate the strengths and weaknesses of dispute resolution methods and the way courts and VCAT operate to resolve disputes. (8 marks)