3.2.6 Roles of key personnel Flashcards
(23 cards)
define a judge
Judge an independent authority
who presides over a trial, ensuring
procedural fairness by overseeing all
personnel and evidence.
define a magistrate
Magistrate an independent authority
who presides over hearings in the
Magistrates’ Court for less serious
matters such as summary offences,
committal proceedings, and some
civil disputes.
describe the role of a judge/magistrate that is Case Management
Prior to a trial, a judge or magistrate actively manages the dispute to ensure efficient use of resources, including directing parties to complete pre-trial procedures.(e.g orders to attend mediation prior to the trial)
Purpose: Ensures the dispute proceeds efficiently towards resolution.
describe the role of a magistrate/judge that is to Manage the Trial or Hearing
Role: A judge or magistrate ensures the trial runs efficiently and effectively. This includes controlling how evidence is presented and managing trial procedures.
Actions:
Ensures correct procedures are followed.
Monitors and adjusts trial processes.
Limits the number of witnesses and questioning time.
describe the role of a judge/magistrate that is to Apply the Rules of Evidence and Procedures
Role: Judges make rulings on evidence and procedure to ensure fairness.
Actions:
Ensures only admissible evidence is presented.
Oversees lawful examination and cross-examination of witnesses.
Directs how evidence is presented and what documents are shown to the jury.
describe the role of a judge/magistrate that is to Direct the Jury (Judge Only)
Role: In civil trials with a jury, a judge instructs the jury on their role and the standard of proof required.
Actions:
Summarizes the evidence for the jury.
Clarifies the onus of proof before deliberation.
Note: This does not apply in the Magistrates’ Court as no juries are used.
describe the role of a judge/magistrate that is to Remain Unbiased
Role: A judge or magistrate must maintain impartiality throughout the trial.
Purpose: They must act as an unbiased umpire, ensuring fairness and neutrality in the courtroom.
What is the difference between a judge and a magistrate in terms of court and appointment?
Judge: Judges are appointed to higher courts like the Supreme Court and County Court. Their appointment is based on their expertise in the law.
Magistrate: Magistrates preside over lower courts like the Magistrates’ Court and Children’s Court, appointed based on experience in the law.
define case management powers
Case management powers the ability
of a judge or magistrate to make orders
and provide directions to the parties
about the proceedings, with the aim of
ensuring justice is delivered efficiently.
examples of a judge/magistrates case management powers during trial
they have the power to change procedures
-limit tiem fro a trail
-limit the number of witnesses that a party may call
How do judges and magistrates ensure equality in a civil dispute?
Strength: Judges and magistrates ensure the rules of evidence and procedure are applied equally to all parties during a civil dispute.
Limitation: Although they are impartial, judicial officers may still have personal biases that could lead to unconscious discrimination, limiting equality.
How do judges and magistrates contribute to access in a civil dispute?
Strength: Case management powers, such as setting time limits for evidence and ordering mediation, help reduce costs and improve accessibility to the justice system.
Limitation: The cost and time-consuming nature of accessing a hearing or trial may make it difficult for many members of the community to use the courts, limiting access to justice.
discuss How judges and magistrates contribute to fairness in a civil dispute?
Strength: Independent judges and magistrates ensure trials are conducted impartially, following rules of evidence, so decisions are based solely on law and facts, ensuring fairness.
Limitation: Judges and magistrates rely on parties to present evidence, so if parties are unrepresented, crucial facts may be omitted, affecting the fairness of the trial.
define a jury
Jury a group of randomly selected
people who are required to deliver a
verdict in a trial based on the evidence
presented to them in court.
What is the role of the jury in remaining objective during a civil dispute?
The jury must remain independent and unbiased throughout the proceedings and when determining the verdict. Potential jurors who believe they cannot remain impartial should ask to be excused during the jury empanelment process.
What is the jury’s responsibility in listening to evidence, the judge’s directions, and submissions made by legal representatives?
The jury must listen to all evidence presented at trial to ensure the verdict is based on all relevant facts. This includes paying attention to the judge’s directions and understanding key legal concepts explained during the trial.
What is the jury’s role in determining liability and damages in a civil dispute?
The jury’s main task is to decide if the defendant is liable for the plaintiff’s harm based on the balance of probabilities. They reach a unanimous or, in some cases, a majority verdict. In certain cases, the jury may also calculate the damages owed to the plaintiff.
How does a jury contribute to fairness in a civil dispute?
A jury is a randomised cross-section of the community, ensuring decisions are made by peers with a variety of perspectives, promoting fairness.
Juries are instructed to disregard prior knowledge and can only consider evidence presented in court, ensuring impartiality.
What limitations exist in the jury’s role in achieving fairness during a civil dispute?
Juries may lack legal training, increasing the risk of unfair verdicts.
Jurors are not required to justify their decisions, which means the correct application of the law may not always be guaranteed.
How does a jury contribute to access to justice in a civil dispute?
The use of plain English instead of legal jargon ensures both parties understand the court’s processes and evidence, promoting access to justice.
Jurors ensure that the court’s procedures are understandable, helping the parties navigate the legal system more easily.
What are the limitations of the jury’s role in achieving access to justice in a civil dispute?
jury trials involve additional fees, which may not be financially viable for some parties, limiting access to justice.
Time delays can occur due to the jury selection process, which can hinder the timely resolution of disputes.
Hung juries or mistrials may require retrials, further delaying the resolution of a dispute.
How does a jury help ensure equality in a civil dispute?
Both parties have the right to request a jury trial, regardless of their personal characteristics, ensuring equal treatment.
What limitations exist in the jury’s ability to ensure equality in a civil dispute?
Parties may wish for a jury trial but cannot afford the associated costs, limiting equality for those with lower socioeconomic status.
Some individuals are ineligible for jury service, which may affect whether the jury is a true cross-section of the community, potentially undermining equality.
