What is a stated case?

Prepare for the HSC Legal Studies Exam. Study with flashcards and multiple choice questions, each question includes explanations and hints. Elevate your readiness for the exam!

A stated case is specifically related to the judicial system where a trial court, typically a magistrate in a lower court, presents a question of law to a higher court for determination. This process often occurs when there is an appeal stemming from a belief that there has been an error in law by the magistrate during the original proceedings. The higher court then evaluates the legal question posed in the stated case, which can inform future cases by providing clarity on the legal principles involved.

In contrast, the other options describe different types of legal proceedings or dispute resolutions. A civil matter in the Supreme Court touches on higher-level judicial considerations but does not specifically pertain to the process of referencing a legal error for review. A criminal case in the Local Court does not inherently deal with legal questions being elevated for review, as Local Courts handle lower-level crimes without the stated case mechanism. Similarly, a minor dispute resolved by mediation falls outside of the stated case context altogether, as mediation focuses on resolution rather than questions of law being appealed for higher review. Thus, the appeal based on the magistrate's error in law is the correct and relevant description of a stated case.

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