Court personal in CIVIL JS Flashcards
Roles of the judge and magistrate
Act impartially
Case management (before trial or hearing)
Determine liability and the remedy
Decide on costs
Act impartial
The judge or magistrate in a civil case must be a impartial. This means the judge or magistrate must ensure that they oversee the case and make decision on liability without any bias toward or against either party. Judges and magistrates are also independent of government and the parliament
Case management
Another role of judge (or magistrate) is to manage the case during the pre-trial stages. Judges and magistrates do not only become involved in cases at the hearing trial stage;
Determine liability
If there is no jury in the civil trial, the judge must decide whether the plaintiff has established their claim against the defendant, and if so, what remedy should be awarded. This means that the judge, not a jury, is the decider of facts. In
Decide on costs
After each hearing in a civil case the judge or magistrate will decide which party should bear the costs. The general rule is that working out the costs is left to then end, and the successful party is entitles to costs, but that is not always the case