Roles of courts and juries

Question 1

What are the two/three roles of court?

Answer 1

• Determining liability
• Decide on a remedy
• Powers of case management

Question 2

What is involved in determining liability?

Answer 2

Determine whether defendant is liable, and to what extent.
- consider evidence presented in court during trial
- decider of facts
- determine if 100% liable
- If defendant made counterclaim, determine whether plaintiff is liable

Question 3

As part of court’s role in determining liability, it will:

Answer 3

• Provide speciallisation and expertise
• Manage the case (judges have power of case management)
• Hear appeals (if ground to do so)

Question 4

What is the purpose of a remedy?

Answer 4

To restore the plaintiff to the position they were in before loss was suffered.

Question 5

How does the court decide on remedies?

Answer 5

• assess damages
• Calculate amount of damages to be paid
  This is based on evidence presented by both parties.

In defamation, ony judge can assess damages

Question 6

Who has the power of case management?

Answer 6

The judge/Magistrate

Question 7

What must the courts do in regards to power of case management

Answer 7

• Ensure everyone has equal opportunity to present case
• Set timelines for pre-trial procedures
• refer to mediation

Question 8

What jurisdiction does the Supreme court of appeal have?

Answer 8

Appellate jurisdiction from county, supreme (trial) courts, appeals from president or vice president of VCAT

Question 9

What jurisdiction does the Supreme court Trial Division possess?

Answer 9

Original for unlimited claims, complex and large civil disputes (class actions, large corporations)

Appellate jurisdiction
- Appeals from Magistrates’ court or VCAT on question of law.

Question 10

What jurisdiction does the County court?

Answer 10

Original jurisdiction for unlimited claims, choice of trial by judge or jury, personal injury cases

Appellate jurisdiction under act of parliament

Question 11

What jurisdiction does the Magistrates’ court possess?

Answer 11

Original jurisdiction for civil disputes up to $100 000, damages above that cannot be awarded.

Question 12

What are three strengths of courts?

Answer 12

• Judges are impartial, making facts on law and not bias
• Courts can make binding decisions to ensure certainty in outcome
• Court hierarchy allows party to appeal case.

Question 13

What are three weaknesses of court?

Answer 13

• Courts may be too expensive, due to cost of legal representation
• Can be difficult to understand
• Can be delays, causing cases to take a long time

Question 14

What is the role of juries in a civil case?

Answer 14

1. determine liability
2. determine amount of damages (except in defamation)

Question 15

What is the purpose of juries?

Answer 15

Juries seen to ensure justice is administered in line with community standards.

Question 16

When is a jury used in a civil trial?

Answer 16

• No automatic right to jury in civil trial
• In Magistrates’ and appeal cases, NO jury
• When jury is requested, requester has to pay fees.

Possible for cases to require a jury - state pays

Question 17

When do juries not determine damages amount?

Answer 17

In defamation cases.

Question 18

What are strengths of a jury system?

Answer 18

• Jurors are selected at random (impartiality)
• Verdicts reached reflect community
• Allows community to be involved in legal system

Question 19

What are weaknesses of jury system?

Answer 19

• Jury is expensive
• Jury may have biases, even if unconscious
• Inconsistencies in assessment of damages
• Sometimes difficult if complicated evidence and case.