Unit 3 AOS 2 Civil law - 3.2.5 Judges and Magistrates Flashcards
5 Roles of the judge / magistrate
Act impartially
Case management before trial
Case management during trial
Determine liability and remedy
Determine costs
Role of the judge / magistrate: Remain impartial
Judges are independent from the government/parliment
Ensures decision making without bias or favouritism
Helps to maintain integrity and trust in the civil justice system
Role of the Judge / Magistrate: During trial case management
Powers of case managmenet
Eg:
- Limit the time for hearing/trial
- limit examinatino of witness or cross examination of witnesses
- Limit number of documents a party may enter as evidence
- Limit the number of witnesses that a party may call
Role of the Judge / Magistrate: Pre-trial case management
Responsible for managing pre-trial procedures
Provied each party with directions to advise them on how to achieve an efficent, timely and cost-effective resolution
Directions regarding filing documents, recommending altenrative dispute methods and narrowing the issue down
Role of the Judge / Magistrate: Decide on remedy and liabiliy
Provide timely judgemnents
Determine liabiliy and what remedies should be awarded
Asses all evidence and facts of the case
Role of the Judge / Magistrate: Costs
Decide which party will bear the costs of the trial
Generally, the unsuccessful party will be subjec to an adverse cost order
Legal expenses are not always fully compensated for in adverse cost orders
Similarities between civil and criminal judges/magistrates (3)
Act impartially
Assist self-represented parties
Instruct a jury
Differences between civil and criminal judges / magistrates (3)
Guilty or not guilty -> Liable or not liable
Sanctions -> Remedies
Criminal judges have less power of management than their civil counterpart
Strength of Magistrates and Judges in civil law - impartialiity
Impartial umpries
Remain unbiased and without favouritism
Ensures a fair trial and effective case managmenet and outcomes
Weakness of Judges and Magistrates: Risk of bias
Due to a lack of diversity among judges, there can be unconscious bias
Prevent an impartial civil justice system, reducing fairness
Strength of Judge and Magistrate - Power of case management
Judges and magistrates have an increase in powr of case management
Ensure trials and timely, cost-effecitve and organized
Assist self-represented parties
improves access in the legal system
Weakness of Judges / Magistrate - Differences in how cases are managed
The judge, jurisdictino or specific procedures can limit a judges case management
Variability among judges can lead to inconsistencies
Impacts the speed of resolution
Creates disparity and limits equality
