Why is court hierarchy important




















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Current and past VCE exams and related content can be accessed directly at www. Terms of Use and Privacy Policy Feedback. This is done so for four main reasons: Specialisation Because courts are divided by the matters they hear, court personnel at each level become familiar with the types of cases heard, the relevant laws to those cases and the procedures to be followed. Doctrine of Precedent The Doctrine of Precedent cannot operate effectively without a court hierarchy. Our courts system is complicated and — in places — confusing, because it has developed over 1, years rather than being designed from scratch.

Civil cases will sometimes be dealt with by magistrates, but may well go to a county court. Again, appeals will go to the High Court and then to the Court of Appeal — although to different divisions of those courts. Binding precedents allow for the law to be decided and applied with consistency and fairness to all. Court hierarchies allow for the hearing of appeals.

If a defendant, plaintiff or prosecutor is dissatisfied with the outcome of a trial, he or she has the automatic right of appeal to a higher court. This provides appeals with a clear direction — the appeal remains within the court hierarchy, everyone concerned knows where appeals will be considered, while appellate courts become used to hearing appeals of a particular type.

Without a court hierarchy, these reviews would have to be conducted in specialist appeals courts, which may invite its own problems. Court hierarchy Court hierarchy There are a range of courts and tribunals which have different jurisdiction. A court's original jurisdiction decides what cases must start in that court.

Eg in Queensland, charges for traffic infringements are first heard in the Magistrate's court, but charges for murder are first heard in the Supreme Court A court's appellate jurisdiction decides when the court may hear an appeal from another court.



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