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Which type of hearing establishes if there is a prima facie case? A - HSC - SSCE Legal Studies - Question 12 - 2070 - Paper 1

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Which type of hearing establishes if there is a prima facie case? A. Appeal B. Committal C. Coronal D. Summary

Worked Solution & Example Answer:Which type of hearing establishes if there is a prima facie case? A - HSC - SSCE Legal Studies - Question 12 - 2070 - Paper 1

Step 1

Which type of hearing establishes if there is a prima facie case?

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Answer

To determine which type of hearing establishes a prima facie case, it is essential to understand the definitions and purposes of the different types of hearings listed:

  1. Appeal Hearing: This type arises after a decision has been made in a lower court, focusing on whether legal errors impacted the outcome. It does not establish a prima facie case as it reviews previous findings rather than establishing initial evidence.

  2. Committal Hearing: This is a preliminary hearing in criminal cases to decide if there is enough evidence for a case to proceed to trial. The purpose of this hearing is indeed to establish whether a prima facie case exists based on the evidence presented.

  3. Coronial Hearing: This hearing is conducted to examine the circumstances surrounding a death, primarily to establish the cause of death. While it can consider aspects of a case, it is not focused on establishing a prima facie case in the same manner as a committal hearing.

  4. Summary Hearing: This is a simplified court process for less serious offenses, where decisions are made based on the evidence without the need for a full trial. It may consider prima facie evidence but is not primarily established for that purpose.

Based on this analysis, the correct answer is B. Committal, as it specifically evaluates whether there is sufficient evidence to warrant a trial, thereby establishing a prima facie case.

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