Sophie has a civil dispute with her neighbour. She is seeking $500,000 in damages. Sophie thinks that - her trial will be heard in the Magistrates' Court - she will have a trial heard by a judge and a jury of 12 people - she can go to the Victorian Law Reform Commission (VLRC) to seek legal advice. Outline why each of these statements is incorrect.

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Sophie has a civil dispute with her neighbour - VCE - SSCE Legal Studies - Question 4 - 2013 - Paper 1

Question 4

Sophie has a civil dispute with her neighbour. She is seeking $500,000 in damages. Sophie thinks that - her trial will be heard in the Magistrates' Court - she will... show full transcript

Worked Solution & Example Answer:Sophie has a civil dispute with her neighbour - VCE - SSCE Legal Studies - Question 4 - 2013 - Paper 1

Step 1

her trial will be heard in the Magistrates' Court

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Answer

Sophie’s claim exceeds the monetary limit of the Magistrates' Court, which is capped at $100,000. Since her claim is for$ 500,000, it must be heard in the County Court or the Supreme Court, which handle higher value claims.

Step 2

she will have a trial heard by a judge and a jury of 12 people

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Answer

In the Magistrates' Court, civil cases are typically heard by a judge alone, without a jury. While jury trials may be available in higher courts, such as the County Court or the Supreme Court, they are not common for civil disputes involving monetary claims.

Step 3

she can go to the Victorian Law Reform Commission (VLRC) to seek legal advice

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Answer

The Victorian Law Reform Commission (VLRC) does not provide legal advice to individuals. The VLRC is an advisory body that reviews and recommends changes to the law. Therefore, Sophie would need to consult a qualified legal professional for her legal advice.

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