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16.01.2022 Legal Studies U4 AOS 2 Content summary *PLEADINGS STAGE* As most students finish with the first half of AOS 2 and begin preparations for the final SAC (yay!), it is important to note the change in pre-trial procedures. Bail, remand, and committal hearings were relevant for CRIMINAL pre-trial procedures though now we move onto CIVIL pre-trial procedures. Lets look at some of the documents exchanged during the pleadings stage, the first stage examined in pre-trail procedures: ...Writ: A document sent to the defendant, which informs that legal action has been initiated. The write is also lodged at the relevant court, so that it can be given a court date. Statement of Claim - A document which sets out the precise nature of the claus being made and the the remedy sought. Sent with the write. Notice of Appearance - A document which informs the court that the defendant has reviewed the writ and will defend the claim in it. Statement of Defence - A document that is lodged by the defendant, lodged with the relevant court. In it, the defendant will either deny the claims made or admit to some of the claims. Explanation of defendant’s actions. Counterclaim - filed by the defendant which allows information which alleges that the plaintiff has also committed a civil wrong and that the defendant requires a remedy.
14.01.2022 Legal Studies U4 AOS 2 Content summary *FACTORS THAT INFLUENCE THE COMPOSITION OF A JURY* Eligible: These are people who can serve on a jury and can go through to the next stage,... Ineligible: These are people who cannot serve on a jury because they are too closely involved with the legal process (eg judge, lawyer). People are also ineligible if they cannot perform the task of a juror due to physical, mental, intellectual disability or poor english. Disqualified: These are people who are unsuitable for jury duty due to something they have done in the past, such as imprisonment, committed an indictable offence, are out on bail etc. Excused for good reason: These are people who have valid reasons as to why they cannot serve on a jury, such as living too far away from the courts (more than 50km), being of advanced age, being the carer of young children etc.
10.01.2022 HOW TO STUDY FOR EXAMS The end of the year is fast approaching which means year 12 students are beginning to head into their exams It is therefore essential, that these students use the coming weeks to their absolute advantage in order to achieve the very best results. Need a tutor? Contact Daisy on 0403221805, she can help with VCE Legal Studies, English and Psychology !
07.01.2022 Legal Studies U4 AOS 2 Content summary *ROLE AND USE OF THE JURY* This week I thought I’d keep it simple and easy, with a quick summary of the role of the jury. Many of you will already know a bit about the way the jury is used, however, these are the exact steps that must be undertaken by jurors: Listen to the evidence presented and remain unbiased and objective... Follow instructions that are given to them by the presiding judge Deliver a verdict (guilty/not guilty) or (liable/not liable) by determining if the standard of proof has been met In a civil case, the jury has the role of calculating the amount of damages to be awarded if the plaintiff is successful (not sanctions though) Juries are used for all criminal indictable offences in the County and Supreme Court, where the defendant pleads not guilty. Juries can also be used in civil trials, however, these are optional - one party may request a jury. A jury of 12 is used in criminal trial, and 6 in civil trial. They are not used for appeals! Happy studying :)
04.01.2022 Need VCE tutoring? With exams just under two months away many students are beginning to feel the stress of study as they madly rush to complete SACs and practice exams. Tutoring is a great way to not only boost confidence and preparation, but also to give you edge over other students, to get some of the very best marks in the state. Need help with VCE legal studies or english? Do not hesitate to contact 0403221805 or email at [email protected] to speak with Daisy, an experienced and enthusiastic tutor who would be delighted to help!
