Phases of a trial - Summary

Question 1

Pre-trial phase

Answer 1

1. Clarify the dispute
2. Discover and prepare evidence
3. Decide the application of the law

Question 2

Describe the significance of a pre-trial procedure?

Answer 2

The process of mediation (compulsory in pre-trial procedures since 2010), provides an opportunity for more disputes to be settled prior to the trial procedure.

By doing so, courts and parties save time and money.

Question 3

Trial phase

Answer 3

*always prosecution first, and then defence.
Why? Prosecution begins, as they bear the burden of proof (must prove that they are correct) by reaching a verdict surpassing the standard of proof - ‘on the balance of probabilities in civil case; ‘beyond reasonable doubt’ in criminal case. Defence is presumably correct - ‘innocent until proven guilty’.

1. Open their case with an (opening) address to the court
2. Examine witnesses and present evidence (examination-in-chief; cross-examination; re-examination)
3. Close their case with a (closing) address to the court

Depending on the conviction of the judge or jury to the standard of proof, they deliver the:

4. Verdict (liable - civil case; guilty - criminal case)