Roles of Judge/mag, jury and parties

Question 1

Roles of Judge/magistrate

Answer 1

-Case management
-Manage the trial/ hearing - ensuring correct procedures are followed, limiting witnesses etc
-Apply the rules of evidence and procedures - only admissible evidence
-Direct the jury (judge only) - summarise info
-Remain unbiased - weak pt
-Award remedies
-Determine the liability of a defendant (magistrates and sometimes judges)

Question 2

Case management Powers

Answer 2

-The ability of a judge or magistrate to make orders and provide directions to the parties about the proceedings, with the aim of ensuring justice is delivered efficiently
-Aimed to facilitate the just, efficient, timely and cost-effective resolution
-Outlined in Civil Procedure Act 2010
-E.g., can order parties to mediation

Question 3

Types of Case management powers

Answer 3

-Direct parties to attend directions hearings
-Direct parties to attend mediation
-Give directions relating to discovery
-Determine deadlines (e.g., expert reports)
-Control the trial or hearing process (limiting number of witnesses)

Question 4

Directions hearing

Answer 4

The preliminary hearings that take place before a civil trial, during which the judge or magistrate has the authority to issue orders to ensure the case is moving forward as intended

Question 5

Discovery

Answer 5

requires each party to share information and evidence they have about the case to ensure both parties are aware of the existence of documents and other evidence - link to POJ

Question 6

Juries in civil dispute

Answer 6

-group of individuals that are chosen randomly and required to attend court and make a decision based on evidence that is presented to them
-6
-selected from the electoral roll
-They decide questions of fact, the verdict
-Some individuals are excluded from jury duty, including those with pre-existing relationships to the parties or who work in the legal field.

Question 7

Role of the Jury

Answer 7

-Juries Act 2000 (VIC)
-Remain objective - impartial and independent, if not, resign in jury empanelment
-Listen to evidence, judge’s directions, and submissions made by legal representatives - evidence can be summarised by judge, jury still expected to take notes etc.
-Determine liability and damages - unanimous verdict (5 on occasion) - no reason needed for verdict also

Question 8

Plaintiff

Answer 8

party that brings a civil action against the defendant, their primary focus is to prove the defendant is liable

Question 9

Defendant

Answer 9

the party who is alleged to have breached the plaintiff’s civil rights, they aim to convince the jurors or judge in a trial without a jury that they are not liable

Question 10

Role of the plaintiff

Answer 10

-Control their own case - party control, where they have authority to determine their cause of action, selection of evidence, choice of witnesses
-Disclosure - Civil Procedure act 2010 - all relevant documents
-Present evidence

Question 11

Role of the defendant

Answer 11

-Control their own case (form their own defense case raise relevant defenses and call their own witnesses)
-Disclosure - Civil procedures Act 2010 - all relevant documents
-Present defence (can use legal prac to do this)

Question 12

Case management power benefits

Answer 12

-If a party does not comply, their claim can be dismissed by judge