Liuy's Question Thread

[Liuy]

A few quick questions, wondering how you guys would approach these responses.

1. Describe the process of judicial determination and how it is used to resolve disputes (4 marks)
                    -the "how" is quite ambiguous, not sure if it is referring to features of where it is used.

2. "Courts are always able to resolve cases in a way that benefits the parties" Discuss (8 marks)
                    -Strengths and Weaknesses of the operation of courts relating back to the prompt perhaps?

3. Peta is involved in a civil dispute with David over an agreement relating to repairs to her car worth $2700, arguing that the repairs done by David were not carried out effectively. Explain to Peta some of the options open to her for resolution of this dispute.  (6 marks)
                    -mediation, conciliation and arbitration?

Thanks heaps.

[eeps]

1. Tricky question. I think that's the best approach; refer to features of judicial determination. Giving an example of where it used may also work (i.e. in civil disputes over $100,000 - where it can be heard in either the County or Supreme Court).

2. Yeh, what you've said is right. Link the strengths and weaknesses back to the prompt.

3. In this instance, you can use any ADR; just be sure to explain it fully to get the 6 marks. I'm assuming 2 marks is for correctly identifying a viable option, and 4 marks is for explaining that option in detail. Any of those you've listed would work.

Good luck for your SAC!

[Liuy]

Would it be necessary to mention bail and warrant applications as part of the criminal jurisdiction of the Magistrates' Court?

How could we incorporate the specialist divisions of the Magistrates' Court into an answer about jurisdictions?

[eeps]

1. Yes, I would. Give 3 or 4 things which the Magistrates' Court can hear.

2. List a few things the Magistrates' Court can hear such as summary offences, committal hearings, and then say "However, there are also several specialist divisions of the Magistrates' Court like the Children's and Koori Court..." after that, go into depth about one or two specialist courts and you'll be fine.

[Liuy]

Bit confused on this one, "Compare and evaluate the strengths and weaknesses in the way courts and VCAT operate to resolve disputes."

how many strengths and weaknesses should be included in the answer?
How would you go about comparing the two?

Cheers

[eeps]

Bit confused on this one, "Compare and evaluate the strengths and weaknesses in the way courts and VCAT operate to resolve disputes."

how many strengths and weaknesses should be included in the answer?
How would you go about comparing the two?

Cheers

Depends on how many marks the question is. I would give a strength of the courts and then the corresponding weakness of VCAT to this. Next paragraph would be a strength of VCAT in resolving disputes, and then the corresponding weakness of the courts. And so on. Try to balance them out.

[MJRomeo81]

Bit confused on this one, "Compare and evaluate the strengths and weaknesses in the way courts and VCAT operate to resolve disputes."

LOL wow this was the last question in my SAC today. The question was worth ten marks!

And yes, I did what EPL described in the post above.

[onur369]

That was my SAC question too, but 4 marks :/

[Liuy]

Few more queries on this topic.

1. "If an appeal was lodged as a result of a VCAT determination, where would it go and under what circumstances?" 2 marks
- do I just talk about how it would normally proceed to the Supreme Court but if the President or VP is sitting on the panel for the original hearing, it would be heard in the Court of Appeal?

2. "Distinguish between the processes of conciliation and arbitration"
-structure question.
- Conciliation is.....
On the other hand Arbitration is.....

^ the differences are sort of intermingled within my explanation of the methods. Is this ok? is there a better structure? e.g. similarities differences?

Thanks heaps

[eeps]

1. Yes, mention the Court of Appeal (to be sure). If you're ever unsure when answering a question, sometimes it's good to give more information than is possibly required to be safe.

2. Yes. That's also fine.

My advice - keep it simple. Don't overcomplicate things when answering a question (i.e. structure - leave a line/space if you're introducing a new point etc., so that it's clear to the person marking your work).

[Liuy]

Do we have to know mediation and pre-trial conferences as part of civil procedure even though they are not stated in the Study Design?

EDIT: also class actions and bringing a civil case?

[Liuy]

Is it necessary to know any civil remedies other than injunctions and damages?

[eeps]

Is it necessary to know any civil remedies other than injunctions and damages?

No. I think that's enough according to the study design.

[Liuy]

How in depth do we have to know each sub-element of the 5 features of the adversarial system of trial?
i.e. instigating the proceedings- role of the parties?

[selim31]

How in depth do we have to know each sub-element of the 5 features of the adversarial system of trial?
i.e. instigating the proceedings- role of the parties?

You'd have to know all of them and every aspect of each of the 5 five elements. Remember that you have to be able to compare them to the features of the Inquisitorial system eg. what is the role of the judge in the adversary system. Compare this to the role of the Judge in the Inquisitorial system.