The Role Of The Judge

Question 1

What is the role of the judge in a civil case?

Answer 1

The judge is an impartial and independent “umpire”or “referee” in a civil trial, ensuring that the court procedures are carried out in accordance with the court rules, and that each of the parties is treated fairly.

Question 2

What are the responsibilities of the judge?

Answer 2

• A judge must ensure that justice is upheld
• They must make sure the trial is fair, equal and both parties have access to the procedures and mechanisms used at trial
• the use of an independent and impartial judge ensures that the rule of law is upheld; that is the judge is independent of parties and the gvt.

Question 3

Responsibilities of the judge: Managing the trial?

Answer 3

• The judge has significant powers of case management to ensure the trial is conducted in a just, timely and efficient manner.
• Judges have powers to change how the procedures run, and what party presents when
• The judge may give orders to clarify the case, or apply law.

Question 4

Responsibilities of the judge: decide on admissibility of evidence?

Answer 4

• Like a judge in the criminal justice system, the judge in a civil trial is responsible for deciding which which evidence is to be permitted under the rules of the trial.
• They can exclude evidence, to ensure a fair trial in the way evidence is allowed.

Question 5

Responsibilities of the judge: Attend to jury?

Answer 5

In most civil trials there is no jury, however if there is one, the judge may need to address the jury during the trial, give directions to the jury and sum up the case to the jury at the conclusion of the trial.

Question 6

Others responsibilities of the judge?

Answer 6

• Determine liability and the remedy awarded

- Make a decision on costs