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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
Step 2
Outline one role of the judge if this case goes to trial.
Answer
One role of the judge in this trial would be to preside over the court proceedings to ensure that the rules of procedure are followed. The judge would also decide on the admissibility of evidence presented by both parties and ensure fairness in the conduct of the trial.
Step 3
Advise James on the purpose of two pre-trial procedures which his lawyer might use in this case.
Answer
First, James's lawyer might initiate a 'writ of notice' to formally inform the restaurant about the claim and the reasons for the lawsuit. This document serves as an official notification and sets the legal process in motion.
Second, the lawyer may conduct 'discovery,' which allows either party to obtain evidence from the other side. This can include requesting documents, taking depositions, and gathering information relevant to the case to build a stronger argument.