Unit 3 AOS 2 Civil law - 3.2.7 Role of the parties Flashcards
Role of the plaintiff
Prove the facts of the case
carry the burden of proof
Make a claim on the balance of probabilites
Role of the parties: Disclosure of evidence
Both parties must rely on lay and expert evidence
Lay evidence - non-expert testimonies
Expert evidence - expert evidence given by professionals
Role of the defendant
Demonstrate a valid defense
Burden of proof on counterclaims
Roles of the parties: Participation
Make open and closing address
Present case and evidence to the judge and jury
Examination in chief and cross examinatino procedures
Roles of parties: Decision over the case
Both parties have ‘party control’
Make independent decision n claims, defenses and witnesses
Must adhere to rules and procedures of evidence
Similarities between civil and criminal parties (3)
- Ongoing disclosure obligations
- Presentatin of the case
- Duty to the court
Differences between civil and criminal parties
- Discovery obligations: defendant and plaintiff have ongoing disclosure obligations whereas criminal parties only require prosecution to disclose evidence
- Interaction with Jury: Civil parties will generally not address the jury whereas criminal parties must address the jury
- Party control: Prosecution has less freedom over party control than the civil parties
Strength of civil parties: Ongoing disclosure obligations
Requires both parties to disclose all relevant documents
Ensures transparency
Both sides can fully be prepared and aware of all evidence, ensuring a fair trial
Weakness of civil parties: Unaware of obligation to disclose documents
Not all parties may be aware of their obligations
Especially those detrimental to their case
Disparity can create an inequality, particularly for less knowledgable parties
Strength of civil parties: Opportunity for case presentation
Equal chance to present their case
Make opening and closing statements
Cross examine witnesses
Gives both parties a chance to participate, upholding fairness
Weakness of civil parties: Self-represented
Civil parties that are self-represented may find it difficult to navigate complex legal processes
Creates a barrier for those without legal knowledge or resources, limits access
Strength of civil parties: Party control
Parties have complete autonomy over how they conduct their case
Allows parties to choose which claims to pursue and defend and what evidence to present
Reinforces the principle of fairnesss through open participation
Weakness of civil parties: Inequality of parties
One party that has more adequate resources that the other may purposefully deplete them of their finances
Lead to delays and add a financial burden, impacting access.
