ATAR Notes: Forum
VCE Stuff => VCE Business Studies => VCE Subjects + Help => VCE Legal Studies => Topic started by: TAP94 on August 30, 2012, 06:28:42 pm
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Hi,
Can someone please help me, thank you!
1. Are all criminal pre-trial procedures held in the same court, if so, what court is that?
2. Where do the resulting cases, from the pre-trial procedures, get heard (what court)? County, Supreme, Magistrates' too...??
3. When a criminal case is to be heard in the Magistrates' Court, are there pre-trial procedures?
4. Are committal hearings only for indictable offences heard in the County or Supreme Court?
5. Thus, are there committal hearings for indictable offences heard summarily?
6. Why are we only learning Supreme Court civil pre-trial procedures? Are there different pre-trial procedures for every court?
7. What if parties to a civil case wanted to file their case in the Magistrates' Court or the County Court, what pre-trial procedures would occur then?
Thank you so much for any help:))
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Hi,
Can someone please help me, thank you!
1. Are all criminal pre-trial procedures held in the same court, if so, what court is that?
2. Where do the resulting cases, from the pre-trial procedures, get heard (what court)? County, Supreme, Magistrates' too...??
3. When a criminal case is to be heard in the Magistrates' Court, are there pre-trial procedures?
4. Are committal hearings only for indictable offences heard in the County or Supreme Court?
5. Thus, are there committal hearings for indictable offences heard summarily?
6. Why are we only learning Supreme Court civil pre-trial procedures? Are there different pre-trial procedures for every court?
7. What if parties to a civil case wanted to file their case in the Magistrates' Court or the County Court, what pre-trial procedures would occur then?
Thank you so much for any help:))
1. They're heard in the court your case is going to be heard in, and many of them will be before your trial judge. The exceptions are bail hearings and committal hearings, which are always heard in the Mag's Court.
2. The case gets heard in whatever court is appropriate for it. See Court Jurisdiction in Outcome 1.
3. Not really. The entire hearing might only take 15 mins, so why triple or quadruple that time with extensive pre-trial? You'll still get a bail hearing, though (or it will just be granted by a senior police officer).
4. Yep.
5. Nope. Because they're heard summarily.
6. The Mag's doesn't have any, really, and County is much the same as Supreme. They're just trying to make it really clear for teachers.
7. Limited in the Mag's (still exchange of pleadings and discovery, but not the same directions hearings); basically the full suite of them in the County.
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Thank you so much for clearing that up for me!!