Help please

[livelikeuwanna]

Help needed with these:

(1) What are the dispute resolution methods used by the Magistrates' Court in relation to civil and crimminal matters?

(2) Descirbe the process used by the civil claims list to deal with disputes.

(3) Outline the jurisdiction of the VCAT civil claims list to near disputes between consumers and trades in relation to small claims and use an example.

[hard]

1) for this you should talk about the use of ADR's in Magistrate's court. These may include mediation conciliation and arbitration however you should read your book and it'll tell you which ones are the correct one. I'm very tired right now so i can't pin point which one sorry.

2) Civil claims list deals with disputes b/w producers and consumers and breachers of the fair traders act. initially they will try conciliate the parties in dispute, however if a mutual agreement cannot be reached then a decision in favor of one of the parties will be made; this is legally binding. (there is more detail to add, this is just a brief).

3) This is similar to the above but just talk about the fair trading act, motor traders act and the small claims act.

Let i remind you that these are very brief however giving you the actually answers will not help you reason your answers and think for yourself. Btw alot of this should be in your legal text book. Hope that helps.

[livelikeuwanna]

Okay so the dispute resolution methods used by the magistrates court in relation to civil matters are conciliation and arbitration according to my book. It also says judicial decision. But I can't find dispute resolution methods used by the magistrates court in relation to crimminal matters. Help again please? Have a SAC tomorrow.

[hard]

well ADR's are only used in civil disputes, NOT in criminal matters. Magistrates court deals with criminal matters using a magistrate without a jury. Conciliation is usually first attempted by the Magistrates court to resolve a civil dispute, however if an agreement cannot be reached, it will send the case to be heard by arbitration so that a binding decision can be made. May i remind you , these methods for civil dispute are only used in cases that involve less than $10,000 in claims. If it involves claims over 10 thousand than it is usually heard in the Magistrates court.

[livelikeuwanna]

Okay now i am a little confused, so what do I write for dispute resolution methods used by the magistrates court in relation to crimminal matters? I'm so lost and tired.
=S

[hard]

okay well the Magistrates court does NOT use ADR's in civil disputes unless the claim for damages is less that $10,000.

ADR's cannot be used in criminal matters. Criminal cases are always heard by a magistrate.

[xox.happy1.xox]

Aren't ADR's heard out of the courts entirely? It is only when the value of damages exceeds $10,000 that disputes need to be resorted to the courts.

[costargh]

Arbitration is used by the Magistrates court for civil cases where damages being sought are less than 10k from memory

[hard]

^ costargh is right, which is what i said, the magistrates court USE arbitration if the claim is under 10 thousand. It isn't apart of the court, however the magistrates court will use the method.