Comparison: Criminal civil Flashcards
similarities
*A judge or magistrate in a criminal case and in a civil case is expected to act impartially and without bias, making decisions during the case on facts
*Both judges/magistrates will have the role of assisting a self represented party if the accused or one of the parties in the civil dispute is not represented by a lawyer
*Both criminal and civil judges and magistrates have the role of instructing a jury and giving directions to the jury, if there is one in a civil case. This is not applicable to magistrates as there is no jury in the magistrates court
Differences
*A judge in a civil trial may have to decide on liability if there is no jury, and a magistrate in a civil case will decide on liability if the case is heard in the magistrates court. However, a judge in a criminal trial in the higher courts will decide on guilt; this is left to the jury =
*A judge in a civil trial may decide on a remedy (and a magistrate will decide on a remedy if a party proves their claim), Whereas in a criminal case a judge or magistrate decides the sanction If the accused is guilty of committing a crime
*A judge/magistrate can order both parties to undertake procedures such as mediation and discovery. While a judge or magistrate in a criminal case also has case management powers, they do not extend to ordering procedures such as these, which are civil dispute procedures
