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Kylie is a professional sportsperson - VCE - SSCE Legal Studies - Question 5 - 2018 - Paper 1
Question 5
Kylie is a professional sportsperson. She has commenced a civil proceeding in the Supreme Court of Victoria against her former agent for breach of contract. Her form... show full transcript
Worked Solution & Example Answer:Kylie is a professional sportsperson - VCE - SSCE Legal Studies - Question 5 - 2018 - Paper 1
Step 1
Who has the burden of proof in Kylie’s case and what is the standard of proof in this case?
Answer
In civil proceedings, the burden of proof typically lies with the plaintiff, in this case, Kylie. This means that it is her responsibility to prove her claims against her former agent. The standard of proof in civil cases is 'on the balance of probabilities'. This means Kylie must show that her case is more likely than not to be true, which is a lower threshold than in criminal cases, where the standard is 'beyond a reasonable doubt'.
Step 2
Describe one responsibility of the legal practitioners for Kylie’s former agent at trial if Kylie’s case goes to trial.
Answer
One responsibility of the legal practitioners for Kylie’s former agent is to present a defense against Kylie’s claims effectively. This involves gathering and presenting evidence to counter Kylie’s assertions and possibly disclosing documents relevant to the case. By following proper procedures and providing clear arguments, they ensure that their client's rights are protected and that the court has a full understanding of the case from both sides.