Adversarial trial system Flashcards
Criminal trial
Trial when someone has broken the law, determines guilt or innocence
Parties in a criminal trial
Prosecution (represents state) and defendant (the accused)
Onus of proof and standard of proof in a criminal trial
Rests with the accuser, proven beyond reasonable doubt
Summary offence
Minor offences such as drunk driving dealt with by inferior courts
Indictable offences
Major offences such as murder dealt with by superior courts, always involve a jury unless otherwise requested
Civil trial
Resolve private law matters between 2 individuals
Parties in a civil trial
Plaintiff and defendant
Types of civil law (6)
Torts, contract, property, family, constitutional disputes, defamation
Onus of proof and standard of proof in civil law
Rests with the plaintiff, on the balance of probabilities (more likely than not)
Judges role in a criminal trial
Ensure there is a fair trial by doing things like enforcing rules of evidence, being impartial, post-trial phase- sentencing, If there is no jury, decide guilt
If there is a jury, address jury about how to find their decision
Judges role in a civil trial
Ensure there is a fair trial, Decides liability in the case as there is no jury, Post- trial phase- decide appropriate remedy
Jury in a criminal trial
Decide guilt or innocence, Indictable offences require unanimous verdict (12/12), Summary offences only 10/12
Jury in a civil trial
No jury, Can have jury in defamation cases
Role of parties in a criminal trial
Accusers bears onus of truth, Defendant is presumed innocent, Prosecution and defendant
Legal representation in criminal trials
Expensive but necessary, Have required knowledge of the law and process to prosecute/defend
