test questions aos2

Question 1

‘Individuals have the right to a fear hearing’. Explain one feature of our legal system that upholds this key principle. (2 marks)

Answer 1

A feature of our legal system that upholds this key principle is the use of an independent judge and jury. This means there is a fair hearing because there is no bias as the judge is impartial and randomly selected.

Question 2

juries

Answer 2

Juries are used in the County Court and the Supreme Court Trial Division when the defendant pleads not guilty. There are typically 12 jurors on a criminal jury. If a case is long and complex, 3 more can be empanelled but when it comes to the verdict (after all evidence has been presented) 3 names will be randomly drawn and only 12 give the verdict. Guilty or not guilty are the verdict options.

Juries are used in civil cases only when the parties request and pay for them. 6 jurors are empanelled (up to 8 if it is lengthy and complex) but only 6 return the verdict. Liable/proven or not liable/not proven are the options for their verdict.