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Audrey has commenced civil proceedings in the Supreme Court of Victoria (Trial Division) - VCE - SSCE Legal Studies - Question 5 - 2014 - Paper 1
Question 5
Audrey has commenced civil proceedings in the Supreme Court of Victoria (Trial Division). The court will resolve the dispute at trial after mediation was unsuccessfu... show full transcript
Worked Solution & Example Answer:Audrey has commenced civil proceedings in the Supreme Court of Victoria (Trial Division) - VCE - SSCE Legal Studies - Question 5 - 2014 - Paper 1
Step 1
Provide one reason for the existence of a court hierarchy. Refer to Audrey’s dispute in your answer.
Answer
One reason for the existence of a court hierarchy is to ensure that appeals can be made to higher courts if one party is dissatisfied with a decision. In the context of Audrey’s dispute, if the mediation failed and the case proceeded to trial in the Supreme Court of Victoria (Trial Division), Audrey has the option to appeal to the Court of Appeal if she believes the trial judgment did not address her issues adequately. This hierarchical structure allows for checks and balances within the judicial system, facilitating a more thorough investigation of legal matters and ensuring fair outcomes.
Step 2
Explain the dispute resolution method that will be used by the Supreme Court of Victoria (Trial Division).
Answer
The Supreme Court of Victoria (Trial Division) primarily uses judicial determination as its dispute resolution method. This involves a judge hearing the case where both parties present their arguments, evidence, and witness testimonies. The judge then evaluates the evidence according to the law and makes a binding decision. This process aims to resolve the dispute formally and authoritatively, ensuring that the rights of both parties are safeguarded and that the ruling is enforceable. After the decision, parties may have the option to appeal if dissatisfied, thereby allowing a further review by the higher court.