Application Excercise 1w

The court hierarchy is a way of organising courts into levels, with higher courts hearing more serious and complex cases, and lower courts hearing less serious matters. A court hierarchy allows for the decision of a lower court to be reviewed on appeal by a higher court. Any person who is involved in the case, […]

Application Excercise 1v

1. If there was only a single level court system, there would be no system of appeals, as there would be no higher court to appeal to. The doctrine of precedent would not operate as decisions would not be made in a higher and, therefore, there would be no decisions binding on the single court. […]

Application Excercise 1u

1. This case study refers to criminal law. 2. The Court of Appeal heard Dupas’appeals. 3. The Court of Appeal only has appellate jurisdiction to hear criminal and civil appeals from the County Court and the Trial Division. A criminal appeal will usually be on a point of law, against a conviction (guilty or not […]

Application Excercise 1t

1. The Hallett v City of Port Phillip case is an example of a civil matter. The case involves noise causing a nuisance to neighbours. The case also involves orders issued by VCAT. 2. The Trial Division heard Mr Hallett’s appeal on a number of questions of law. 3. Justice Ginnane upheld Mr Hallett’s appeal […]

Application Excercise 1s

1. The magistrate is hearing criminal law. 2. The Magistrates’ Court can hear summary offences (such as traffic offences, minor assaults, minor drug offences, property damage and offensive behaviour), indictable offences heard summarily, and committal proceedings. 3. The Kevin Angwin case represents an example of a summary offence. 5. The term bail refers to the […]

Application Excercise 1r

Case M C S(TD) S(CD) HC Darcy is seeking $95 000 in damages from the car dealer which he claims sold him a faulty car and carried out defective repairs. Darren was convicted of culpable driving causing death but is appealing his conviction. Jordan was charged with criminal damage. Daina is seeking general damages and […]

Application Excercise 1q

1. Responses will vary. However, students might identify words or phrases such as: arrested, police, arrested, custody, laying assault charges, assault. 2. Responses will vary. However, students might identify words or phrases such as: suing, damages, writ, assault. 3. A female leading senior constable has been charged with one count of assault and a male […]

Application Excercise 1p

1. This case is a civil law matter because it relates to the infringement of an individual’s rights. The dispute is about a disagreement between parties in relation to their dealings with each other – defamation. 2. Responses will vary. However, students might underline words such as: sued, defamation, Victorian and Civil Administrative Tribunal (VCAT), […]

Application Excercise 1o

1. This case is a criminal law matter because it relates to behaviour that breaches existing laws against society and is harmful to the community’s welfare as a whole. Murder is an action that represents an offence and is punishable by law. 2. Responses will vary. However, students might underline words such as: murder, sentence, […]

Application Excercise 1n

Case Cr Ci Reason Darcy bought a second-hand vehicle from a car dealer. The car broke down less than a week later and the dealer promised that repairs would be made when Darcy returned the car. Two weeks later when the car broke down again, Darcy’s own mechanic found that the previous repairs had not […]