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

The Magistrates' Court only has jurisdiction to hear civil proceedings where the damages sought is up to $100,000. Since Sophie is claiming$ 500,000, her case exceeds this monetary limit and thus cannot be heard in the Magistrates' Court.

Step 2

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

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Answer

Civil proceedings in the Magistrates' Court are typically heard by a magistrate without a jury. If the claim is in a higher court, a jury can be involved, but in this instance, given the damages sought, it would be handled by a judge alone.

Step 3

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

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Answer

The VLRC does not provide legal advice to individuals. Instead, its role is to recommend changes to the law and investigate areas of law that need reform. Hence, Sophie would need to seek legal advice from a qualified legal professional rather than the VLRC.

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