Photo AI
a. Define the term 'judicial determination' - VCE - SSCE Legal Studies - Question 4 - 2015 - Paper 1
Question 4
a. Define the term 'judicial determination'. b. Other than judicial determination, explain one method that could be used by courts to resolve a civil dispute.
Worked Solution & Example Answer:a. Define the term 'judicial determination' - VCE - SSCE Legal Studies - Question 4 - 2015 - Paper 1
Step 1
Define the term 'judicial determination'.
Answer
Judicial determination refers to the process where a judicial officer, such as a judge or a president or vice-president of the Victorian Civil and Administrative Tribunal (VCAT), hears a dispute between parties and makes a binding decision on the matter. This decision must be considered authoritative and enforceable, providing a resolution based on the law.
Step 2
Other than judicial determination, explain one method that could be used by courts to resolve a civil dispute.
Answer
One method that could be used by courts to resolve a civil dispute is mediation. Mediation involves using a neutral third party, known as a mediator, who facilitates communication between the disputing parties. The mediator helps the parties to explore their issues and interests, allowing them to negotiate potential solutions. This approach aims to reach an agreement that is acceptable to both sides, without the need for a formal court ruling. If the mediation is successful, the parties may formalize their agreement into a legally binding contract. If not, they still retain the option to pursue judicial determination.