The Victorian Courts (VCE SSCE Legal Studies): Flashcards

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The Victorian Courts
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Jurisdiction

Lawful authority of a court to decide legal cases

Balance of probabilities

Civil standard: more likely than not (>50% probable)

3 levels of Victorian court hierarchy

Magistrates' Court, County Court, Supreme Court

Magistrates' Court jurisdiction limit

Up to $100,000

Original jurisdiction

Power to hear a case for the first time (not on appeal)

Appellate jurisdiction

Power to hear a case on appeal from a lower court

County Court jurisdiction

Unlimited - no upper or lower limit on claim value

Court of Appeal original jurisdiction

None - it only hears appeals, not cases for first time

Counterclaim

Defendant's separate claim against the plaintiff

Remedy in civil cases

Court's way of addressing wrong & compensating injured party

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