The Role of the Judge

Question 1

Out of court settlement

Answer 1

When the claimant and defendant settle the dispute before going to court

Question 2

Do judges do anything before taking on a case?

Answer 2

They research and read about cases in newspapers or on the internet so they can have insight on what kind of case it is and what the outcome of the case should be.
They read into the case so that they have insight in the case beforehand and be familiar with the case’s details

Question 3

What power do judges in civil cases not have compared to judges in criminal cases?

Answer 3

The power to imprison the losing party

Question 4

The judge has an important role in case management. This includes:

Answer 4

• Encouraging the parties to cooperate with each other in the conduct of the case
• Helping the parties to agree to a settlement in the case
• Encouraging the parties to use an appropriate ADR procedure
• Controlling the progress of the case

Question 5

What does it mean when you say “Witnesses can be cross-examined to ensure that their evidence is as reliable as possible”?

Answer 5

The claimant’s barrister questions the other party and vise-versa

Question 6

Judicial Precedent

Answer 6

The system whereby a judge must follow the decision made in a previous case where the facts are the same as those in a present case

Question 7

Costs

Answer 7

The expenses of the winning party that are usually ordered to be paid by the losing party

Question 8

Aritrator

Answer 8

An impartial person who makes a decision on a dispute by means of arbitration. This is an alternative to the court hearing to settle a dispute