3.2.05 The reasons for the Victorian civil court hierarchy

The VCE Legal Studies Study Design requires you to know two reasons for a Victorian court hierarchy in resolving civil disputes, and you could be asked a specific question about either of those two reasons. What are the two reasons?

• Administrative convenience and appeals
• Specialisation and appeals
• Administrative convenience and specialisation
• Appeals and doctrine of precedent

In answering a question about the reasons for a court hierarchy, a student has said that ‘The Magistrates’ Court allows for administrative convenience because it specialises in smaller claims up to $100 000.’What is wrong with this answer?

• The student has confused administrative convenience with specialisation.
• The Magistrates’ Court hears claims up to $200 000.
• The Magistrates’ Court does not allow for administrative convenience.
• Administrative convenience is not a reason that the student needs to learn in relation to civil disputes.

How do appeals seek to achieve fairness?

• By ensuring both parties have an equal opportunity to appeal.
• They do not achieve fairness – they only achieve access.
• By ensuring any errors in the original trial can be corrected.
• By allowing the appeal to be heard ‘on the papers’ to avoid a formal hearing.

Which of the following courts does not have appellate jurisdiction?

• High Court
• Magistrates’ Court
• Supreme Court
• County Court

True or false: A plaintiff cannot appeal a decision that went against the plaintiff (similar to the prosecutor not being able to appeal an acquittal).

• True
• False