Responsibilities of personnel in Civil trial Flashcards
What role does the jury have (Civil)
Juries are used only upon request in a civil trial. When they are requested, they are responsible for listening to the evidence impartially and then providing a verdict and also a remedy. (Except in defamation)
What role does the judge have (Civil)
The judge acts as an umpire in the courtroom and is responsible for ensuring that all procedures are followed and the dispute is fairly and equally resolved. They are responsible for the verdict and remedy in all cases where there is no jury.
What role does the plaintiff have (Civil)
The plaintiff is the person who believes they have had their rights infringed in the dispute and are bringing the case to court. They have the burden of proof and are responsible for providing evidence that proves the defendant liable on the balance of probabilities
What role does the defendant have (Civil)
The defendant is the person who is being accused of infringing the rights of the plaintiff in a dispute. They don’t have the burden of proof and are just responding to the plaintiff and providing evidence that proves they are not liable on the balance of probabilities
What role do the legal practitioners have (Civil)
They are responsible for representing both parties. They undertake preparations for the case and gather evidence as well as organising witnesses and monitoring the fairness and equity of the trial.