Strengths and weaknesses of the roles of civil JS

Question 1

Strengths

Answer 1

Judges and magistrates act as impartial umpire. They oversee the trial process, but they not overly interfere in a trial, nor do they ‘enter the arena.’ Therefore, no one party is advantaged or disadvantaged because the judge or magistrate ‘takes sides.’

judges and magistrates are experts in law, legal processes and cases, and can use this expertise in managing the case and in making a decision on liability

Judges and magistrates are able to assist self-represented parties, such as explaining cross examination processes, or explaining what discovery is

Question 2

Weaknesses

Answer 2

Judges and magistrates are human, and there are some risks that they may have actual or apprehended bias that impacts their decision making, such as when they are fatigued.

Judges and magistrates cannot interfere excessively in their cases, including those involving a self represented party, even though the judge or magistrate is one of the most experienced people in the room

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