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The following extract contains incorrect statements - VCE - SSCE Legal Studies - Question 8 - 2014 - Paper 1
Question 8
The following extract contains incorrect statements. "In a recent Supreme Court of Victoria (Trial Division) case, the jury created a precedent in its decision. The... show full transcript
Worked Solution & Example Answer:The following extract contains incorrect statements - VCE - SSCE Legal Studies - Question 8 - 2014 - Paper 1
Step 1
‘the jury created a precedent in its decision’
Answer
This statement is incorrect because juries do not create precedents. In both civil and criminal trials, judges make the decisions and establish legal precedents. Juries are only responsible for determining the facts of the case and do not have the authority to set legal precedents.
Step 2
‘the defendant appealed straight to the High Court’
Answer
This statement is incorrect because there is no right of appeal from the Supreme Court (Trial Division) to the High Court. The correct process is to appeal to the Court of Appeal before going to the High Court, making this a procedural error.