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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 - VCE - SSCE Legal Studies - Question 11 - 2003 - Paper 1
Question 11
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?
Answer
This case would have been heard in the County Court because it involves a civil claim where the amount sought by Maria, $150,000, is within the jurisdictional limits of the County Court. This court handles civil matters with damages that fall within specified monetary thresholds.
Step 2
ii. Describe the purpose of two pre-trial proceedings which may have occurred prior to this case coming to trial.
Answer
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Pre-trial Negotiation: This process allows both parties to discuss the case before it goes to trial, aiming to reach a settlement. It can expedite the resolution of the dispute and reduce costs associated with a lengthy court trial.
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Discovery of Documents: This procedure enables both parties to request and exchange evidence that may be crucial for the case. It ensures that both sides are informed of the arguments and evidence being presented, promoting fairness in the trial.
Step 3
iii. If the defendant in this case wanted to appeal, which court would hear that appeal?
Answer
If the defendant wished to appeal, the appeal would typically be heard in the Court of Appeal. This court has the authority to review decisions made by the County Court and can overturn or modify judgements based on errors in law or procedure.
Step 4
iv. Explain the remedy Maria was awarded.
Answer
Maria was awarded $150,000 as a financial remedy to compensate for the injuries she sustained during the incident. This remedy aims to restore her to the position she would have been in had the injury not occurred, covering medical expenses, loss of earnings, and possibly compensation for pain and suffering.