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1. 2  Criminal Pre-trial  Police Investigation  Arrest of Offender  Bail/Summons/ Remand  Committal Hearing Purpose: Establish Prima Facie Case,

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Presentation on theme: "1. 2  Criminal Pre-trial  Police Investigation  Arrest of Offender  Bail/Summons/ Remand  Committal Hearing Purpose: Establish Prima Facie Case,"— Presentation transcript:

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3  Criminal Pre-trial  Police Investigation  Arrest of Offender  Bail/Summons/ Remand  Committal Hearing Purpose: Establish Prima Facie Case, rights of accused (Silence), Presumption of innocence, Right to bail  Civil Pre-trial  Letter of demand  Pleadings  Discovery  Directions Hearings Purpose: Encourage an out of court settlement 3

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5 1. Read SCHOLL v TAC – Kerang crash (Page 345) 2. Complete questions on Page 346: Q 1 – 6 Remember to use and refer to the stimulus material in the case study 5

6 1. Questions 1 – 3 Page 344 of text 2. Extend and Apply – (Case study one) Civil Proceedings Pages 345 6

7 Research one or more civil cases. For each case, 1. identify the plaintiff 2. the defendant, 3. the facts of the case, 4. explain the remedy being sought, 5. outline the final outcome (if appropriate) 6. discuss the benefits and weaknesses associated with taking a civil case to court and having it resolved by judicial determination.  http://www.theage.com.au/afl/afl-news/former-cat-matthew- egan-takes-legal-action-over-foot-injury-20140826-108kib.html http://www.theage.com.au/afl/afl-news/former-cat-matthew- egan-takes-legal-action-over-foot-injury-20140826-108kib.html  http://www.heraldsun.com.au/news/breaking-news/ex-cop- barry-doherty-awarded-753676-damages/story-e6frf7jx- 1225869735703 http://www.heraldsun.com.au/news/breaking-news/ex-cop- barry-doherty-awarded-753676-damages/story-e6frf7jx- 1225869735703  http://www.theage.com.au/federal-politics/political- news/high-court-rules-on-potato-chip-580000-for-slip-injury- 20120307-1ujgk.html http://www.theage.com.au/federal-politics/political- news/high-court-rules-on-potato-chip-580000-for-slip-injury- 20120307-1ujgk.html  http://www.queanbeyanage.com.au/story/1557363/ski-lift- injury-perisher-judged-negligent/ http://www.queanbeyanage.com.au/story/1557363/ski-lift- injury-perisher-judged-negligent/  http://www.heraldsun.com.au/archive/news/black-saturday- class-action-likely-to-settle-out-of-court-say-lawers/story- fn7x8me2-1226289475469 http://www.heraldsun.com.au/archive/news/black-saturday- class-action-likely-to-settle-out-of-court-say-lawers/story- fn7x8me2-1226289475469 7

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