judge and magistrate Flashcards
judge
an independent authority who presides over a trial, ensuring procedural fairness by overseeing all personnel and evidence
magistrate
an independent authority who presides over hearings in the Magistrates court for less serious matters such as summary offences, committal proceedings, and some civil disputes
roles
- direct the jury (judge only)
- determine liability (only magistrate unless jury is present)
- case management
- remain unbiased
- award remedies
- apply the rules of evidence and procedures
direct the jury
a judge will instruct the jury on their ole in a civil trial, if one is used
they will direct the jury by explaining who has the onus to meet the standard of proof
prior to their deliberations, the judge may also summarise the evidence presented during the trial for the jury
determine liability
magistrates will always determine the liability of a case, as juries are never used
in the absence of a jury, the judge must determine whether the plaintiff has proved, on the balance of probabilities, that the defendant caused their injury or loss
case management
prior to a trial or hearing, a judge or magistrate actively manages a dispute to ensure the efficient and effective use of resources in reaching a resolution
this can involve directions to parties to complete a range of pre-trial procedures
trial/hearing management
the judge or magistrate will ensure the proceedings of the trial or hearing operates effectively and is an effective use of resources
this can involve judges usign their powers to control how evidence is presented and whether it is in oral or written format
- ensuring proper procedures are followed
- monitoring and adjusting the processes of a trial as appropriate
- limiting the number of witnesses
apply the rules of evidence procedures
judges are required to make rulings to evidence and procedure
- must ensure only admissible evidence is presented in court
- must ensure witnesses are examined and cross-examined lawfully
- must give directions on how evidence is to be presented and what documents the jury is permitted to use
- must provide clarity on the riles of evidence and procedure
remain unbiased
a judge or magistrate must remain impartial throughout the entire proceeding
they must not favour either party, or have a relationship with either party, and must act as an umpire of the courtroom to oversee the case and ensure it is conducted fairly
award remedies
the judge or magistrate has the responsibility of ordering the appropriate remedy once a verdict is determined for the wronged party
this can be in the form of damages, an injunction, and/or other remedies
differences - courts
judges are appointed to the higher courts of Victoria (supreme, county). their appointment is determined by considering their expertise and understanding f the law
magistrates are appointed to the lower courts in Victoria (magistrates)
differences - disputes
judges deal with more serious claims, where parties are seeking a large amount of damages
magistrates deal with less serious civil claims where the plaintiff is seeking between $10,000-$100,000 (for claims below $10,000, the magistrate will usually refer the parties to arbitration
differences - jury directions
juries are rare in civil proceedings, but when they are present the jury will decide on the verdict, and the judge will direct the jury, then decide on the remedy
there is no jury in the magistrates court, so the magistrate will determine both the verdict and the remedy
differences - pre-trial management
judges and magisttrates in criminal cases do not have a role in pre-trial case management, such as ordering mediation or discovery, compared to those in civil cases who are involved in pre-trial management
differences - remedies
in criminal cases, the judge or magistrate will impose a sanction if the accused is found guilty, whereas in civil cases they will award damages, order an injunction, or make other orders as a remedy
similarities - impartiality
judges and magistrates both maintain the role of acting as the independent umpire of the court and must remain impartial regardless of whether they are overseeing a criminal or civil trial
similarities - procedures
judges and magistrates must ensure correct procedures are followed, and must apply the rules of evidence in both civil and criminal cases
