Please visit our new website and discussion area. 0 Members and 1 Guest are viewing this topic. vce2009. Then list the five units of thought in order of increasing complexity. Curriculum planning plays a key role in enabling schools to deliver the VCE to senior secondary students. Only available from the Drug Court in the Magistrates' Court if a person pleads guilty and the Drug Court is satisfied that the offender is dependent on drugs or alcohol, Youth Justice (or Residential) Centre Order with conviction, In the case of an offender aged 15 or older, record a conviction and order that the young offender be detained in a youth justice centre; or in the case of an offender under 15 years, record a conviction and order that the young offender be detained in a youth residential centre, Community Correction Order with or without conviction, With or without recording a conviction, make a community correction order in respect to the offender. Unit 4 . Making charges/claims against another partyanother term used to describe the adversary trial. We want to extend a heartfelt thanks to everyone who has made the original ATAR Notes forum such a helpful, warm and welcoming place. The major features of the adversary system, including: the role of the parties; the role of the judge; the burden and standard of proof; the need for legal r. Changes to the Legal System. This is beyond reasonable doubt for criminal cases, and on the balance of probabilities for civil cases. Unit 3 AOS 2 Brief Overview. Standard of proof. Advantages. Legal representatives - prepare the case on behalf of the parties. As she looks down the hallway, Elaine is not tricked into thinking that the friend who is closer to her looks larger than the friend who is farther down the hall. The degree or extent to which a case must be proven. Downloads 0. VCE Business Studies VCE Legal Studies Adversary vs Adversarial System; Print; Pages: [1] Go Down. Subjects Legal Studies Unit 1 recap Date Friday 4th, June 2021. Please note: Free VCE notes is not affiliated with VCAA or VTAC nor are they responsible for any of the content VTAC, QTAC and the VCAA have no involvement in or responsibility for any material appearing on this site. Chapter 9 . ), Recommendations for Change to Civil Procedure to contribute to a fair and unbiased hearing, Recent Changes to Civil Procedure to improve access to the legal system, Recommendations for Change to Civil Procedure to improve access to the legal system, Encouragement and retention of lawyers in rural areas, Recent Changes to Civil Procedure to contribute to a timely resolution, Use of witness statements and outlines of evidence to reduce delays in the Supreme Court, Recommendations for Change to Civil Procedure to contribute to a timely resolution, Role of the Jury in both Civil and Criminal Trials, Reasons to be Disqualified from becoming a Juror, Something they have done in their past that makes them unsuitable, People who are ineligible to become a Juror, Their occupation or inability to comprehend the task of a juror, Good reasons to be excused from Jury Duty, Must be made between their name and number called out and before they sit down in the Juror's box, Juror challenged for a legitimate reason such as knowing the accused, Decisions made by a cross section of the community, Not a true cross-section of the community, Require jury to give reasons for their decision, Recent Changes to the Jury System to contribute to a fair and unbiased hearing, Recommendations for change to the Jury System to contribute to a fair and unbiased hearing, Recent changes to the jury system to contribute to a timely resolution, Recommended changes to the jury system to contribute to a timely resolution, Remove juries from long and complex criminal trials, Elliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson. High cost of legal representation Self-representing is a disadvantage . Commonwealth's Protection of Rights. These are the sources and citations used to research Legal Studies - Adversarial vs. Inquisitorial Legal Systems. 2022 Legal Studies Study Notes Date Sunday 27th, February 2022. Legal Studies Question - Adversarial System, Topic: Legal Studies Question - Adversarial System (Read 711 times). d. extrinsic motivation. Major features of the adversary system Features of the Adversary System ___________________ Each party controls their own case (within the rules of evidence and procedure) Parties are responsible for __________________ - the person who believes they have been wronged (plaintiff is civil, prosecution in criminal) brings the case to court How does the person demonstrate the characteristics of leadership? a. latent learning. 'On VCAA's website you can get past exams under each study design. 0. 23 related questions found. The system of trial used in Australia in which two opposing sides try to win the case. 3.2.3. RECENT REFORMS AND RECOMMENDATIONS FOR REFORM TO ENHANCE THE ABILITY OF THE CRIMINAL JUSTICE SYSTEM IN THE ACHIEVEMENT OF THE PRINCIPLES OF JUSTICE. Before a person is granted bail they may be asked to: Provide their own undertaking that they will appear in court on a later date with or without the imposition of other conditions, Main aim is to allow an accused person to go free until the hearing or trial, Charged with murder or treason (except for exceptional circumstances), Court will refuse bail if the accused is charged with one of the following crimes, Indictable offence that is alleged to have been committed while they were awaiting trial for another indictable offence, Considerations when determining if an accused is an unacceptable risk to society. e. mirror neurons. To sue or litigate. Require the parties to disclose all relevant material and documents to the other side, Purposes of Mediation as a Civil Pre-Trial Procedure, Giving parties an opportunity to reach an out-of-court settlement, Provide parties with various opportunities to reach an out-of-court settlement, Ensure the timely resolution of a dispute by setting down a timetable, Assists the parties in understanding the strengths and weaknesses of their case, Significant cost involved in discovery as a pre-trial procedure, Time and cost involved in preparing for and attending mediation can be significant, To restore the plaintiff to the position they were in before the wrong occurred, A sum of money paid to the plaintiff by the defendant in satisfaction of a claim made by the plaintiff, Aim is to restore the party whose rights have been infringed to the position they were in before the infringement by compensating them for losses suffered, Can be given a precise monetary value such as medical expenses or loss of wages and are easily quantifiable, Will be assessed by the court according to the magnitude of the wrong done and the long term consequences of the wrong, Awarded to compensate the plaintiff further if the court believes that the defendant's conduct injured the plaintiff's feelings by causing humiliation and insult, Involves a small amount of money being paid where the focus is more on the plaintiff making a point or proving that they were legally in the right, A court might feel that the plaintiff has a legal right to damages but not a moral one, Aim is to punish and deter where conduct is wanton, malicious, violent, cruel, insolent or in scornful disregard of the plaintiff's rights, A court order directing someone to stop doing something or to do something, Ordering a person to stop (or refrain from) doing something, Recent Changes to Civil Procedure to contribute to a fair and unbiased hearing, Introduction to the Civil Procedure Act 2010 (Vic. These flexible and engaging ICT activities are available online at the JacarandaPLUS website ( Product details Publication date 25 Aug 2010 We want to extend a heartfelt thanks to everyone who has made the original ATAR Notes forum such a helpful, warm and welcoming place. . It is often suggested that in order to reduce delays in the court system, more judges would reduce the backlog by being able to participate in pre-trial procedures such as directions hearings. LTD. KEY CONCEPTS IN THE VICTORIAN CRIMINAL JUSTICE SYSTEM, RIGHTS AVAILABLE TO AN ACCUSED IN A CRIMINAL TRIAL, THE RIGHTS OF VICTIMS IN A CRIMINAL TRIAL, THE ROLE OF INSTITUTIONS AVAILABLE TO ASSIST AN ACCUSED, THE PURPOSES AND APPROPRIATENESS OF PLEA NEGOTIATIONS AND SENTENCE INDICATIONS, THE REASONS FOR A VICTORIAN COURT HIERARCHY IN DETERMINING CRIMINAL CASES, THE RESPONSIBILITIES OF KEY PERSONNEL IN A CRIMINAL TRIAL, FINES, CCOs & IMPRISONMENT AND THEIR SPECIFIC PURPOSES, FACTORS THAT AFFECT THE ABILITY OF THE CRIMINAL JUSTICE SYSTEM TO ACHIEVE THE PRINCIPLES OF JUSTICE, RECENT REFORMS AND RECOMMENDATIONS FOR REFORM TO ENHANCE THE ABILITY OF THE CRIMINAL JUSTICE SYSTEM IN THE ACHIEVEMENT OF THE PRINCIPLES OF JUSTICE, FACTORS TO CONSIDER WHEN INITIATING A CIVIL CLAIM, THE PURPOSES AND APPROPRIATENESS OF CAV AND VCAT IN THE RESOLUTION OF CIVIL DISPUTES, THE PURPOSES OF CIVIL PRE-TRIAL PROCEDURES, THE REASONS FOR A VICTORIAN COURT HIERARCHY IN DETERMINING CIVIL CASES, THE RESPONSIBILITIES OF KEY PERSONNEL IN A CIVIL TRIAL, THE METHODS USED TO RESOLVE CIVIL DISPUTES, INCLUDING MEDIATION, CONCILIATION, AND ARBITRATION AND THEIR APPROPRIATENESS, DAMAGES AND INJUNCTIONS, AND THEIR SPECIFIC PURPOSES, FACTORS THAT AFFECT THE ABILITY OF THE CIVIL JUSTICE SYSTEM TO ACHIEVE THE PRINCIPLES OF JUSTICE, RECENT AND RECOMMENDED REFORMS TO ENHANCE THE ABILITY OF THE CIVIL JUSTICE SYSTEM IN THE ACHIEVEMENT OF THE PRINCIPLES OF JUSTICE, THE ROLES OF THE CROWN AND THE HOUSES OF PARLIAMENT (VIC. Possible reforms to the adversary system, including: greater investigative role for the judge; greater use of written statements; more informal conduct of th. Author Topic: Legal Studies Question - Adversarial System (Read 706 times) Tweet Share . & COMM.) Unit 4 school assessed coursework (SACs) 25%. a. variance b. sample c. longitudinal study d. control group e. single-blind experiment f. double-blind experiment g. placebo effect h. statistics i. normal j. frequency distribution. Hiving been diagnosed with bipolar disorder: Patricia has been prescribed _____ to level the highs and lows of the disorder. VCE Legal Studies CRIMINAL PROCEDURE followed in the County and Supreme Court . What qualities does this person have that make him or her a leader? VCE Study Designs. Close menu. To protect the community against the actions of an accused person and to ensure that the accused person appears in court without interfering with justice, Used for cases being heard before a judge and jury in the County or Supreme Courts, Determine whether the evidence is of sufficient weight to support a conviction by jury at trial (establishing whether a prima facie case exists), Committal proceedings are generally conducted with the use of written statements which are contained in the hand-up brief, Hearings in Committal Proceedings before the committal hearing, Accused may abscond while free in society, Ensures that the accused attends court and justice can be done, Can risk reoffending by exposing accused to negative influences, Save time and resources by filtering out cases that are unlikely to succeed, Requiring legal representation can be expensive, An examination and determination of a legal case in a court, other than the Magistrates' Court (which conducts hearings), A judicial examination and determination of a case in the court of summary jurisdiction (Magistrates' Court), No person should be tried twice for the same offence, Record a conviction and order that the offender serve a term of imprisonment, Order that the offender undertakes a judicially supervised drug or alcohol treatment program. By State VCE HSC QCE WACE Year 7-10 By Content Free Notes Discussions Articles . __________ is a branch of mathematics that helps researchers organize and evaluate data. 2021 2021 VCE Legal Studies examination 2021 VCE Legal Studies external assessment report 2021 VCE Legal Studies external assessment report 2020 2020 VCE Legal Studies examination 2020 VCE Legal Studies examination report The degree to which an allegation must be proven. that appears on this website. KEY CONCEPTS IN THE CIVIL JUSTICE SYSTEM. SmartSellTM - The New Way to sell Online . We use cookies to provide essential features and services. Can be multiple plaintiffs and defendants. "ATAR" is a registered trademark of the Victorian Tertiary Admissions Centre ("VTAC"); "VCE" is a registered trademark of the Victorian Curriculum and Assessment Authority ("VCAA"). Advise - use your knowledge of the legal process, incorporate the stated facts of the case and draw a conclusion. Define the five units of thought. Please login to system to use all resources. "ATAR" is a registered trademark of the Victorian Tertiary Admissions Centre ("VTAC"); "VCE" is a registered trademark of the Victorian Curriculum and Assessment Authority ("VCAA"). The order may be made with conditions such as a requirement that the offender remain at a specific place between particular hours (known as a curfew condition), With or without recording a conviction, order the offender to pay a fine, which is a sum of money payable to the court, Record a conviction and order the release of the offender with conditions attached; or without recording a conviction, order the release of the offender on the adjournment of the hearing, with conditions attached, Record a conviction and order the discharge of the offender, Without recording a conviction, order the dismissal of the charge for the offence, Recent Changes to the Criminal Procedure to improve entitlement to a fair and unbiased hearing, Assessment and Referral Court List of the Magistrates' Court, Recommendations for Change to the Criminal Procedure to improve entitlement to a fair and unbiased hearing, Increased resources for trials involving persons suffering from mental impairment, Recent changes to the criminal procedure to improve access to the legal system, Recommendations for change to the criminal procedure to improve access to the legal system, Recent changes to criminal procedure to achieve timely resolution of disputes, Recommendations for change to the criminal procedure to achieve timely resolution of disputes, Reasons why a party may decide to sue someone, Party wishes to be compensated for the wrong they have suffered, Considerations for whether or not to proceed with a civil case, Informs the defendant of the nature of the claim and outlines the remedy sought, Alternative Dispute Resolution (ADR) aka Appropriate Dispute Resolution, Purposes of Supreme Court Pre-trial Procedures, Inform both parties of the information relating to the case, A series of documents exchanged between the parties that set out and clarify the claims and the defences of the parties and to help to define the issues that are being disputed, A writ or originating motion with a statement of claim, Require the parties to state the main claims and defences of their case. 3.1.14. 6 min remaining. The prosecution know Lachlan's family are devastated and want to see . Document which: explains to the defendant that an action is being taken against them, informs the defendant of where the trial will take place and the mode of trial, usually has a statement of claim attached. By using our website you agree to our use of cookies. Legal Studies Unit 4 AOS 2. LEGAL STUDIES - Units 3 & 4. Quizlet flashcards, activities and games help you improve your grades. . Purpose is to inform the court and the plaintiff of the reasons why the defendant is defending the claim, Request from one party for further and better particulars of the other party's claim or defence, Normally a brief hearing before a judge or an associate judge and is a chance for the judge or associate judge to discuss with the parties the progress of the case and give directions to the parties, Give directions in the proceedings to ensure an effective, prompt and economical determination of the case, Enables parties to gain further information on matters that remain unclear. 44) Stock option is an executive mechanism to prevent financial statement fraud. . VTAC, QTAC and the VCAA have no involvement in or responsibility for any material appearing on this site. A majority verdict in criminal cases is 11 out of 12 jurors (or 10 out of 11, or 9 out of 10). Your contributions are appreciated and we will be leaving the forum in archive mode for posterity. (10 Marks) An independent group of people summoned to a court and empanelled to decide on the evidence in a case and reach a verdict. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Unfavourable evidence may be omitted, leading to the truth not being revealed. Basically, you can't just sue someone because they're doing something wrong, you have to be directly affected by it. Welcome, Guest. Start studying VCE Legal Studies Units 3&4. The adversary system of trial is an effective means in which disputing parties can present and resolve their cases in a fair manner. Original Civil Jurisdiction of the Magistrates' Court, Up to $100,000 with claims less than $10,000 referred to arbitration, Original Criminal Jurisdiction of the Magistrates' Court, Appellate Jurisdiction of the Magistrates' Court, Original Civil Jurisdiction of the County Court, Original Criminal Jurisdiction of the County Court, Indictable offences except murder, attempted murder, certain conspiracies, and corporate offences, Appellate Civil Jurisdiction of the County Court, Appellate Criminal Jurisdiction of the County Court, From the Magistrates' Court against a conviction or sentence, Original Civil Jurisdiction of the Trial Division of the Supreme Court, Original Criminal Jurisdiction of the Trial Division of the Supreme Court, Appellate Civil Jurisdiction of the Trial Division of the Supreme Court, On points of law from the Magistrates' Court and from VCAT, Appellate Criminal Jurisdiction of the Trial Division of the Supreme Court, On points of law from the Magistrates' Court, Original Jurisdiction of the Court of Appeal, Appellate Civil Jurisdiction of the Court of Appeal, with leave on points of law, on a question of fact, on an amount of damages from the County Court or Supreme Court and from VCAT when presided over by the president or vice-president, Appellate Criminal Jurisdiction of the Court of Appeal, With leave on points of law, on conviction, on severity or leniency of sanction from the County Court or Supreme Court, Dispute Resolution Methods used by the Courts and VCAT, Refer civil cases to mediation to speed up their resolution and reduce the backlog of cases, VCAT encourages mediation as it minimises costs and disruption to the parties, Dispute Settlement Centre of Victoria (DSCV), Court may refer matter to conciliation which is rare over mediation, Assist to identify and clarify the nature of the issues in dispute in the proceedings and to encourage an early settlement, Victorian Equal Opportunity and Human Rights Commission, Takes place in front of a judicial officer such as a judge, magistrate or president or vice-president of VCAT, Strengths of Courts in Resolving Disputes, Weaknesses of Courts in Resolving Disputes, High Court fees and need for legal representation, Entitlement to a fair and unbiased hearing, To provide a procedure for the parties to present and resolve their case in as fair a manner as possible, Major features of the adversary system of trial, Role of the parties in the adversary system of trial, Role of the Judge in the adversary system of trial, Provide the framework in which court cases can take place and through which the court will try to bring about a resolution to the case, Oral evidence given by witnesses in the form of a Q&A, The need for legal representation in the adversary system, Prepare and conduct the case on behalf of the parties, Role of the parties in the Inquisitorial system, Role of the judge in the inquisitorial system, Burden of proof and standard of proof in the Inquisitorial System, No formal burden or standard of proof as the judge is the person responsible for bringing evidence and finding out the truth, Role of legal representatives in the inquisitorial system of trial, Assist the judge with finding out the truth, Possible reforms to the Adversary system of trial, Greater investigative role of the judge or magistrate, Strengths of the Role of the Parties in the Adversary System, Parties are able to fight their own battle, engage legal representation to present their case in the best possible light, decide what facts are to be brought before the court, Weaknesses of the Role of the Parties in the Adversary System, Party control can lead to further animosity, high cost of legal representation and delays that cause hardship, Strengths of the Role of the judge in the Adversary System, The judge is impartial and makes sure the parties are treated fairly, creates more confidence because they are an independent decision-maker, is independent of the prosecution in criminal cases or the parties in civil cases, Weaknesses of the role of the judge in the adversary system, The judge cannot offer the parties assistance which could be a waste of the judge's experience if some parties are poorly represented, Strengths of the burden and standard of proof in the adversary system, The party bringing the case has to prove the facts to the standard of proof required, Weaknesses of the burden and standard of proof in the adversary system, The adversary system is more concerned with winning, with each party bringing out the facts to benefit their side, rather than finding out the truth, Strengths of the rules of evidence and procedure in the adversary system, Rules of evidence and procedure make the process fair: oral evidence helps reveal if the witness is sincere, the process of examination-in-chief and cross-examination allows both parties to present their cases and test the evidence of the other party, all parties are treated alike, some types of evidence are not permitted to protect the parties and in the interests of justice, Weaknesses of the rules of evidence and procedure in the adversary system, Problems could arise from the following: witnesses may be intimidated and say something misleading, witnesses can only respond to questions and cannot tell their own stories in their own words, expert evidence could be unduly relied on, not all evidence may be brought out, the truth may not be reached, Strengths of legal representation in the adversary system, Each party has a right to choose a legal representative so that they can choose someone who will present their case in the best possible light, Weaknesses of legal representation in the adversary system, Relies on both sides being equally represented so the truth can come out, Processes and Procedures that contribute to a fair and unbiased hearing in the adversary system, Problems relating to entitlement to a fair and unbiased hearing in the adversary system, Recent changes to the adversary system to further assist in achieving a fair and unbiased hearing, Recommendations for change to the adversary system to further assist in achieving a fair and unbiased hearing, Making it easier for witnesses to tell their story outside of the rigid Q&A, Processes and Procedures that contribute to effective access to the legal system in the adversary system, Problems relating to effective access to the legal system in the adversary system of trial, Recent changes to the adversary system to enhance effective access to the legal system, Recommendations for change to the adversary system to enhance effective access to the legal system, Increasing the hours of courts and tribunals, Processes and Procedures that contribute to timely resolution of disputes in the adversary system, Problems relating to timely resolution of disputes in the adversary system, Some parties in a civil case may not meet deadlines for pre-trial procedures, Recent changes to the adversary system to assist in the timely resolution of disputes, Recommendation for change to the adversary system to assist in the timely resolution of disputes, Crimes where the prosecution does not have to prove that the offender intended to commit the crime, Minor crimes heard in the Magistrates' Court before a Magistrate, Serious crimes hear before a judge and jury, Purposes of Criminal Pre-Trial Procedures, Alternative Outcomes for a Person Brought into Custody, When the accused is released from custody after being charged on condition that they appear in court at a later date, Another person over the age of 18 who is prepared to guarantee that the accused person will attend court. 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