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James and his friends were celebrating James' 35th birthday at a local restaurant - VCE - SSCE Legal Studies - Question 7 - 2008 - Paper 1
Question 7
James and his friends were celebrating James' 35th birthday at a local restaurant. At the end of the night, James decided that he may have had too much to drink and ... show full transcript
Worked Solution & Example Answer:James and his friends were celebrating James' 35th birthday at a local restaurant - VCE - SSCE Legal Studies - Question 7 - 2008 - Paper 1
Step 1
Identify which party has the burden of proof in this case.
Answer
In a civil case such as this, the burden of proof lies with the plaintiff, James. This means that it is his responsibility to prove that the restaurant was negligent in maintaining safety, which directly resulted in his injury.
Step 2
Outline one role of the judge if this case goes to trial.
Answer
One role of the judge in this case, if it goes to trial, is to preside over the proceedings and ensure that the rules of procedure are followed. The judge must remain impartial and make decisions based on the evidence and arguments presented by both parties.
Step 3
Advise James on the purpose of two pre-trial procedures which his lawyer might use in this case.
Answer
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Letter of Demand: This is a formal document sent to the restaurant, outlining James's claims and requesting compensation. It sets the stage for negotiations before taking further legal action.
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Pre-trial Conference: This is a meeting between the parties and the judge before the trial begins, aimed at clarifying the issues in dispute, discussing settlement options, and organizing the trial process. It helps streamline the proceedings and may facilitate a settlement.