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The Melbourne Magistrates' Court, the principal venue of the Magistrates' Court of Victoria A magistrates' court is a lower court where, in several jurisdictions , all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
The Crown Court panel will normally consist of a Judge (either a Judge of the High Court, a Circuit Judge, a Recorder or a qualifying judge advocate), and a minimum of two Justices of the Peace (Magistrates), none of whom must have been previously involved in the decision under appeal. The Judge will preside over the proceedings and direct the ...
A magistrate is not allowed to sit in the Crown Court on the hearing of an appeal in a matter on which they adjudicated in the magistrates' court. There is a right of appeal from magistrates' decisions on points of law to the King's Bench Divisional Court.
A magistrates' court may set aside and vary decisions of its own court, in relation both to sentence and conviction. In relation to conviction, a magistrates' court may order a rehearing of a case against a person convicted by that magistrates' court. [1] The court may exercise the power when it appears to be in the interests of justice to do ...
The general venue statute for United States federal courts is 28 U.S.C. § 1391 with special rules listed in §§ 1392-1413. Venue can be transferred from one federal district to another (28 U.S.C. § 1404). A case can also be removed from a state court to a federal court.
Sometimes, particularly potent issues are brought before an appeals court, such as a constitutional determination made by a lower court, or summary judgment granted by a lower court. When this sort of issue is on appeal, the court of appeals will review the lower court decision "de novo" or from the beginning.
The magistrate judge's seat is not a separate court; the authority that a magistrate judge exercises is the jurisdiction of the district court itself, delegated to the magistrate judge by the district judges of the court under governing statutory authority, local rules of court, or court orders. Rather than fixing the duties of magistrate ...
The legal definition of "judgment" contemplates decisions made by judges in a court of law. [3] Decisions of quasi-judicial bodies and administrative bodies may also be colloquially referred to as "judgments," but they must be distinguished from true judgments in that they are not made by judges in courts of law. [3]