In court, Maria asked for and was awarded $150,000 for injuries she received in a fall during an outdoor adventure camp - VCE - SSCE Legal Studies - Question 11 - 2003 - Paper 1
Question 11
In court, Maria asked for and was awarded $150,000 for injuries she received in a fall during an outdoor adventure camp.
i. In which court would this case have been... show full transcript
Worked Solution & Example Answer:In court, Maria asked for and was awarded $150,000 for injuries she received in a fall during an outdoor adventure camp - VCE - SSCE Legal Studies - Question 11 - 2003 - Paper 1
Step 1
i. In which court would this case have been heard and why?
96%
114 rated
Only available for registered users.
Sign up now to view full answer, or log in if you already have an account!
Answer
This case would have been heard in the County Court because it deals with civil matters involving damages over a set amount, which in this case is $150,000.
Step 2
ii. Describe the purpose of two pre-trial proceedings which may have occurred prior to this case coming to trial.
99%
104 rated
Only available for registered users.
Sign up now to view full answer, or log in if you already have an account!
Answer
One pre-trial proceeding is the 'letter of demand', which is a formal request for the defendant to settle the claim before trial. This process helps in resolving the matter amicably without going to court.
Another pre-trial proceeding is the 'discovery of documents', where both parties exchange relevant documents and evidence. This ensures transparency and allows both sides to prepare their cases effectively.
Step 3
iii. If the defendant in this case wanted to appeal, which court would hear that appeal?
96%
101 rated
Only available for registered users.
Sign up now to view full answer, or log in if you already have an account!
Answer
If the defendant wanted to appeal the decision, they would appeal to the Court of Appeal as it handles appeals from lower courts.
Step 4
iv. Explain the remedy Maria was awarded.
98%
120 rated
Only available for registered users.
Sign up now to view full answer, or log in if you already have an account!
Answer
Maria was awarded a monetary remedy of $150,000 to compensate for her injuries. This amount is intended to cover medical costs, pain and suffering, and any other damages incurred due to the accident.
