VCE Legal Studies U3 AOS2 KK#4-KK#11

Kaiwyn and Jade could not agree on the types of cases that are heard by Consumer Affairs Victoria (CAV). Kaiwyn said, ‘CAV hears all civil cases except for tenant and landlord disputes. It can also hear discrimination disputes.’

Jade disagreed.

Is Kaiwyn correct in her comments about CAV?

• Kaiwyn is correct.

• Kaiwyn is incorrect.

‘Discuss the extent to which pre-trial procedures achieve one of the principles of justice in this case.’

Which of the following statements is incorrect in relation to answering the above question?

• You should refer to all three principles of justice as it will gain you extra marks. 

• You should start your answer with a statement addressing the extent to which pre-trial procedures do or do not achieve one of the principles of justice.

• You should refer to at least two pre-trial procedures in your answer.

• You are able to use examples to support your discussion.

At a directions hearing, the judge has indicated to the parties that there will be some time before the matter will be able to be listed for trial. The case is generally ready to be heard at trial.

What direction might the judge make given the delays in having the matter set down for trial?

• The judge might make an order that the parties exchange evidence.

• The judge might make an order that the parties attend mediation to resolve it.

• The judge might make an order that the parties make discovery of further documents.

• An order that the parties attend arbitration.

What is the correct definition for nominal damages?

• A small amount of money that recognises that the plaintiff’s rights have been infringed but not a substantial amount as the plaintiff may not have suffered much loss.

• A small amount of money ordered to be paid to the plaintiff, to show contempt for the claim that is made, while admitting the plaintiff’s right to make the claim

• A large sum of money ordered to be paid to punish the accused person for the harm they have inflicted on the victim.

• A large sum of money that is to be paid to the plaintiff to denounce the defendant’s conduct.

Hermione is suing her former school for failing to teach her the necessary wizardry skills to get a job. The former school has claimed in its defence that it provided Hermione with regular written instructions and online tutoring to help her with the skills, but Hermione continually failed to use them and show up to tutoring. Hermione disagrees.

Which two pre-trial procedures are likely to help clarify the current issues in dispute?

• Discovery of documents and the exchange of lay evidence

• Pleadings and the exchange of expert evidence

• Discovery of documents and pleadings 

• Pleadings and the exchange of evidence

Complete the definition: Conciliation …

• involves a third party, a conciliator, who can suggest options and offer advice and can make a binding decision if needed.

• involves an independent third person but they cannot assist the parties to resolve their dispute.

• involves an independent third person who assists parties in criminal and civil cases to resolve their dispute.

• involves an independent third person who assists the parties to resolve their dispute; they can suggest options and offer advice but it is up to the parties to reach the decision.

Which of the following responsibilities of the judge aims to achieve the principle of fairness?

• Assisting a self-represented party to cross-examine a witness.

• Setting the matter down for trial

• Assisting a self-represented party to understand legal processes and terminology. 

• Ordering the parties to attend mediation.

Which of the following statements about VCAT is correct?

• VCAT is staffed by judges, magistrates and other specialist personnel. It can hear and determine some minor criminal claims in relation to traffic fines.

• VCAT hears some civil cases and uses arbitration as a method of dispute resolution.

• VCAT cannot impose binding outcomes. It only uses conciliation, which is non-binding.

• VCAT hears civil disputes within its jurisdiction and can impose binding decisions at the final hearing. 

Madeline and Dawson were married in a small ceremony attended by close family and friends, including Madeline’s sister Josephine. The catering was arranged through a burger company that promised gluten-free buns because Josephine is coeliac. The burger company failed to serve the gluten-free buns, which brought great heartache to Josephine. Seb, the burger company manager, refuses to accept any responsibility.

What is the best way of resolving this dispute?

• Commencing a criminal action as a summary offence in the Magistrates’ Court.

• Issuing a claim at VCAT and attempting to resolve it through mediation. If not, a binding decision can then be made at a final hearing.

• Issuing a claim through Consumer Affairs Victoria for it to hear it via a conciliation hearing

• Issuing a claim in the Supreme Court of Victoria

An injunction is:

• a court order directing the defendant to remedy the plaintiff.

• a court order directing the defendant to pay money to the plaintiff.

• a court order directing the defendant to compensate the plaintiff.

• a court order directing someone to stop doing a certain act, or compelling someone to do a certain act.