Court Jurisdiction Question 7

Hi all,

Here is the seventh question

“Equal access to justice is of fundamental importance in a democracy … Each of the four main institutions in the Victorian justice system—the Supreme Court, the County Court, the Magistrates’ Court and VCAT—gives effect to that principle, as the community is entitled to expect. VCAT does so in a way that is different.” The Role of VCAT in a Changing World: the President’s Review of VCAT, speech delivered to the Law Institute of Victoria, 4 September 2008, Justice Kevin Bell, President, VCAT

a. Explain the role of VCAT.

The role of VCAT is to provide an affordable, accessible and timely form of justice. Through the use of alternative dispute resolution processes VCAT provides a means to resolve disputes that would otherwise be abandoned or create backlogs in the court system.
2 marks

My comments:

Simple two marker, but dont be lazy and expect you will get them no matter what. “role” combines the aspects of how it works, why it does and why these are good.

So for VCAT: price, time and practicallity are its calling cards. Why it is good: it provides an avenue for “less important” cases, or time wasters that fill up magistrates courts.

I hope this can help you,
JB

Court Jurisdiction Question 6

Hi all,

Here is the sixth question

a) Identify and explain three methods of dispute resolution used by the Magistrates’ Court to resolve civil disputes

 

The Magistrates Court uses a number of dispute resolution methods to resolve civil disputes.

The Magistrates court utilises judicial determination when resolving civil cases with a value that amounts to between $10,000 and $100,000. Judicial Determination is the formal dispute resolution process that is used in our court system. The parties (plaintiff and defendant) are required to follow rules of evidence and process when presenting their case to the Magistrate who will eventually reach a legally binding decision which must be followed by both parties. The process utilises an expert magistrate (in the Magistrates Court) to determine questions of evidence or fact, and ensure that the rules of evidence and process are being adhered to, to ensure an equitable hearing for both parties.

In addition the Magistrates Court also utilises Arbitration to resolve civil disputes with a value of less than $10,000. Arbitration is an informal process where parties present their evidence before an impartial expert third party (the Arbitrator) who will ensure that both parties have an fair chance to present evidence and will then establish a legally binding decision called an award which must be followed by all parties. Arbitration is quicker and cheaper than Judicial Determination which is beneficial for the parties involved.

Furthermore, a pilot program at the Broad Meadows Magistrates Court utilises mediation to resolve disputes up to a value of $40,000. And independent expert mediator work to facilitate the resolution of the dispute with the parties and focuses upon ensuring an amicable relationship between the parties. The Mediator emphasises co-operation and acts as a catalyst for discussion between the parties to reach their own mutually agreeable solution, which although not binding is largely adhered too as a result of its mutually agreeable nature. The process is different from Judicial determination as it is not about proving fault, but in a neutral environment parties work to achieve a compromise which is not imposed upon them.
9 marks

 

My comments:

A little bit of an odd ball question. High marks and fairly easily set up. 3 parts, sets 3 marks each. I always do a one or two line introduction. Nice way to start instead to dropping yourself into the first method.

Then a paragraph a method. Linking words are essential as always. I guess that the marking is 1 mark for each of the three paragraphs if you accurately identify it. If you pick the wrong method for the court then say “bye bye” to all three for that section. It is then 2 marks for explaining how and where the process is operated.

 

I hope this can help you,
JB

Court Jurisdiction Question 5

Hi all,

Here is the fifth question. My appologies for the hiatus. I was sick and didnt have a chance to get around to this.

b. Distinguish between the Supreme Court—Trial Division and the Supreme Court—Court of Appeal.

The trial division of the supreme court has an original criminal and civil jurisdiction whereas the Court of Appeals has no original jurisdiction.

Furthermore, the appellate civil jurisdiction of the Trial Division is limited to appeals from the Magistrates court on point of law and VCAT whereas the appellate civil jurisdiction for the Court of Appeals are civil appeals from the Supreme and County courts on point of law, question of fact or issue and also amount of damages.

In addition the appellate criminal jurisdiction of the Trial Division is limited to criminal appeals from the Magistrates Court on point of law (eg. Studded Belt Case 1996) while the Court of Appeals hears criminal appeals from the Supreme and County Courts regarding point of law, conviction or sentence.

3 marks

 

My comments:

In “distinguish” type question linking words like whereas, similarly, in contrast are all par for the cause. They are necessary and required for the marks. Learn them. Ill post a list soon with some.

Again, its about ease of reading for your examiner, separate it up. Paragraphs are your friend. Even if you dont leave a line, think about indenting the first work.

I hope this can help you,
JB

Court Jurisdiction Question 4

Hi all,

Here is the fourth question.

Read the following statement and answer the questions below:
A legal commentator noted that the court hierarchy ‘serves the community well in terms of justice. “Smaller” cases can be quickly heard and resolved. More complex cases, or those with more serious consequences, take more time to resolve’.
a. Explain two other reasons to justify the existence of a court hierarchy.

The court hierarchy exists to enable the operation of the doctrine of precedent. The hierarchy enables higher courts to create binding precedent that must be followed by all lower court, this allows experienced and learned judges in higher courts the opportunity to ensure consistency in the lower courts, provide guidance to lower judges and ensure that a legally sound decisions result in ‘like’ cases. For example, the Studded Belt Case 1996 created new precedent regarding the definition of a ‘dangerous weapon’.

Furthermore, the hierarchy enabled the courts to specialise in the types of cases relevant to their specific jurisdictions. This enables them to develop the necessary skills, processes and expertise to hear cases fairly and efficiently. For example, the Magistrates Court has branches such as the Children’s Courts that are ‘fully conversant’ in their specific areas of law and are able to deal with specialised cases.
4 marks

My comments:

For court hierarchy type questions its straight forward. For each reason, give it its own paragraph. For each reason give an example. Know one or two for each reason for your sac’s and the exam. Ideally, you don’t want to be doubling up by using the same example to demonstrate things in different topics. You want to demonstrate a breadth of knowledge that puts you apart from your peers and the rest of the students in the state.

I hope this can help you,
JB