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May 14, 2021, 11:19:40 am

Author Topic: VCE Legal Studies Question Thread  (Read 389005 times)  Share 

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shukrn

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Re: VCE Legal Studies Question Thread
« Reply #2475 on: April 28, 2021, 03:17:14 pm »
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no one cares

tomatosauce

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Re: VCE Legal Studies Question Thread
« Reply #2476 on: May 12, 2021, 10:25:34 pm »
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Could someone please mark this response for me? Thanks!

Explain the purposes of pleadings and the discovery stage of the civil pre-trial procedure (5 marks)

One purpose of pleadings to share information regarding the case-specific with each of the parties. The plaintiff lodges a statement of claim, which outlines why they are suing, who they are suing and the remedy sought. The defence is then given this claim, and given an opportunity to respond with a statement of defence. In this statement, they will ‘admit’ to some claims and ‘contest’ others. The detailed sharing of the dispute between the parties and court allows a timeline to be set for the case, whilst keeping everyone informed.

Furthermore, pleadings serve to narrow the issues of dispute. This is because the defence has the opportunity to ‘admit’ or accept liability for part of the plaintiff's claims. The dispute which must be settled at a hearing or trial is then defined. This allows for a faster resolution.

The discovery stage of the pre-trial procedure serves the purpose of preparing parties for trial. During the exchange of evidence and documents, parties share the evidence they will use at a hearing/trial. Therefore, parties can prepare their arguments and assess the strength of the other side's case. Interrogatories also allow the parties to submit written questions which answers are admissible in court. Therefore, parties can add evidence required to allow them to prove their case or defend the claim.

Both pleadings and discovery can also serve a purpose to encourage an out-of-court resolution. Parties may be willing to negotiate a claim before the court, and potentially reach a settlement offer (at pleadings). During or after discovery, one party may seek to settle the case before a court hearing/trial as they can see the strength of the other side's case. This creates a faster resolution for everyone.