ATAR Notes: Forum

VCE Stuff => VCE Business Studies => VCE Subjects + Help => VCE Legal Studies => Topic started by: beanybagger on November 21, 2016, 06:35:57 pm

Title: Original/Appellate Jurisdiction of the Court of Appeal
Post by: beanybagger on November 21, 2016, 06:35:57 pm

My textbook says:
"The Court of Appeal, in its original jurisdiction, hears appeals from the County Court or Supreme Court on points of law, questions of fact or the amount of damages awarded."

Later, it says:
"The appellate jurisdiction of the Court of Appeal is "with leave on a point of law, question of fact or amount of damages awarded from the County and Supreme Court.

So does the Court of Appeal have an original or appellate jurisdiction?
The two sentences in the textbook contradict each other.


Thanks!

Title: Re: Original/Appellate Jurisdiction of the Court of Appeal
Post by: SamJam99 on November 21, 2016, 07:11:19 pm

The Court of Appeal only has an appellate jurisdiction, it does not have an original jurisdiction.

Title: Re: Original/Appellate Jurisdiction of the Court of Appeal
Post by: meganrobyn on November 21, 2016, 08:23:25 pm

First one's a typo. (I hope it's not my textbook...)

Title: Re: Original/Appellate Jurisdiction of the Court of Appeal
Post by: datawaves on November 23, 2016, 12:09:22 pm

Yeah it is a textbook, there is no original jurisdiction of the court of appeal. Easy way to remember is a court ONLY has an original jurisdiction IF they can hear cases that originated in that court, which the Court of Appeal can not do.