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Explain the differences between the purposes of civil pre-trial procedures and criminal pre-trial procedures. - VCE - SSCE Legal Studies - Question 5 - 2016 - Paper 1
Question 5
Explain the differences between the purposes of civil pre-trial procedures and criminal pre-trial procedures.
Worked Solution & Example Answer:Explain the differences between the purposes of civil pre-trial procedures and criminal pre-trial procedures. - VCE - SSCE Legal Studies - Question 5 - 2016 - Paper 1
Step 1
Purpose of Civil Pre-Trial Procedures
Answer
Civil pre-trial procedures primarily aim to resolve disputes between private parties. One of their main purposes is to ensure that both parties disclose relevant information and evidence. This process usually includes stages such as discovery and pleadings, which direct each party to inform the other of their claims and defenses. The goal is to facilitate a fair resolution, minimizing surprises during trial.
Step 2
Purpose of Criminal Pre-Trial Procedures
Answer
For criminal cases, the pre-trial procedures focus more on establishing whether there is sufficient evidence to support a conviction. A key aim is to determine if the evidence presented during committal hearings justifies proceeding to trial. Furthermore, the prosecution must demonstrate the legality of their case, while the defendant often seeks to understand the charges against them and prepare their defense.