SSCE VCE Legal Studies The Victorian Civil Justice System: In court, Maria asked for and wa

In court, Maria asked for and was awarded $150,000 for injuries she received in a fall during an outdoor adventure camp - VCE - SSCE Legal Studies - Question 11 - 2003 - Paper 1

Question 11

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In court, Maria asked for and was awarded $150,000 for injuries she received in a fall during an outdoor adventure camp. i. In which court would this case have been... show full transcript

Worked Solution & Example Answer:In court, Maria asked for and was awarded $150,000 for injuries she received in a fall during an outdoor adventure camp - VCE - SSCE Legal Studies - Question 11 - 2003 - Paper 1

Step 1

i. In which court would this case have been heard and why?

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Answer

This case would be heard in the County Court because the amount claimed by Maria, $150,000, falls within the jurisdictional limits of the County Court, which handles civil disputes involving claims below a certain threshold.

Step 2

ii. Describe the purpose of two pre-trial proceedings which may have occurred prior to this case coming to trial.

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Answer

Letter of Demand: This is a formal request from Maria’s legal counsel to the defendant, outlining the claim and the amount sought. It informs the defendant of the nature of the claim and encourages a resolution before trial.
Pre-Trial Conference: This is a meeting between the parties and the judge to discuss the issues in the case, explore resolution options, and set a timetable for future proceedings. This helps streamline the trial process, resolving matters without costly and lengthy court appearances.

Step 3

iii. If the defendant in this case wanted to appeal, which court would hear that appeal?

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Answer

If the defendant wanted to appeal, the appeal would typically be heard in the High Court, as it has jurisdiction over appeals from the County Court.

Step 4

iv. Explain the remedy Maria was awarded.

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Answer

Maria was awarded damages of $150,000. This remedy is intended to compensate her for the injuries she sustained during the fall, covering her medical expenses, loss of income, and pain and suffering.

In court, Maria asked for and was awarded $150,000 for injuries she received in a fall during an outdoor adventure camp - VCE - SSCE Legal Studies - Question 11 - 2003 - Paper 1

Worked Solution & Example Answer:In court, Maria asked for and was awarded $150,000 for injuries she received in a fall during an outdoor adventure camp - VCE - SSCE Legal Studies - Question 11 - 2003 - Paper 1

i. In which court would this case have been heard and why?

ii. Describe the purpose of two pre-trial proceedings which may have occurred prior to this case coming to trial.

iii. If the defendant in this case wanted to appeal, which court would hear that appeal?

iv. Explain the remedy Maria was awarded.

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