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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
Difference 1: Purpose of Establishing Evidence
Answer
One primary purpose of committal hearings in criminal pre-trial procedures is to establish that there is sufficient evidence to support a conviction at trial. This ensures that only cases with substantial evidence proceed to trial. In contrast, civil pre-trial procedures do not have such a requirement; instead, they focus on allowing the plaintiff to set out claims without the same burden of establishing evidence upfront.
Step 2
Difference 2: Stages Involved in Procedures
Answer
Civil pre-trial procedures include stages such as discovery and pleadings, which require both parties to disclose relevant claims and evidence, regardless of who initiated the claim. Criminal pre-trial procedures, on the other hand, are primarily concerned with the process leading to a trial, focusing more on the prosecution's evidence and the defendant's rights without a mutual phase of discovery between both parties.