7.5 The Responsibilites of the Judge and Jury

Question 1

Who are the 4 key personnel involved in a civil trial?

Answer 1

the judge
the jury
the parties (plaintiff and the defendant)
the legal practitioners

Question 2

What are the responsibilities of the judge?

Answer 2

• manage the trial
• deicide on the admissibility of evidence
• attend to the jury if there is one
• determine liability and the remedy
• decide on costs

Question 3

What does it mean to “manage the trial”?

Answer 3

• judges have significant powers of case management to make sure that the trial is conducted in a just, timely and effcient manner

Question 4

What does it mean to “decide on the admissibility of evidence”?

Answer 4

• judges in a civil trial are responsible for deciding which evidence is to be permitted under the rules, and can exclude evidence from the trial
• this ensures fairness in evidence

Question 5

What does it mean to “attend to the jury”

Answer 5

• judge may need to address the jury during the trial, give directions and sum up the case

Question 6

What does it mean to “determine liability and the remedy”?

Answer 6

• if there is no jury, the judge must decide whether the plaintiff has established their claim against the defendant

Question 7

What does it mean to “decide on costs”?

Answer 7

• judge will decide on which party should bear the costs

Question 8

When is a jury used in civil trials?

Answer 8

• the defendant or the plaintiff during the pleadings stage that they wish to be tried by a jury (jury must be paid by party), jury can be overturned by court decision
• the court may order that a proceeding be tried with a jury, though it is rare

Question 9

What are the responsibilities of a jury in a civil trial?

Answer 9

• be objective
• listen to and remember the evidence
• understand directions and sum up
• decide on liability and in some cases damages

Question 10

What does it mean to “be objective”?

Answer 10

• the jury must be unbiased and bring an open mind
• put aside any prejudices or ideas
• no connection with any of the parties

Question 11

What does it mean to “listen to and remember the evidence”?

Answer 11

• jurors can take notes to help them remember information, as evidence can be very complex
• cannot conduct outside research

Question 12

How does the responsibilities of judges uphold the principles of justice?

Answer 12

FAIRNESS
- judge is impartial

EQUALITY
- both parties receive no help from the judge

Question 13

How do the responsibilities of judges not uphold the principles of justice?

Answer 13

FAIRNESS
- the judge is unable to help unrepresented parties, putting them at a huge disadvantage

Question 14

How do the judge’s responsibilities uphold fairness?

Answer 14

• The judge is impartial, ensuring the trial can be conducted without bias, and decisions are made on law and fact alone

Question 15

How do the judge’s responsibilities not uphold fairness?

Answer 15

• they have limited ability to help parties without legal representation which can lead to an unfair outcome
• there is a potential personal bias that can occur

Question 16

How do the judge’s responsibilities uphold equality?

Answer 16

• judges ensure the rules of evidence and procedure apply equally to all parties

Question 17

How do the judge’s responsibilities uphold access?

Answer 17

• judges have the ability in civil trials to actively manage proceedings minimising costs in civil trials