3.2.6 The parties in a civil dispute Flashcards
(12 cards)
define plaintiff
the party that initiates
a civil claim against another person,
the defendant, in court.
Defendant
the party that is defending
themself against a claim by another
person, the plaintiff, for an alleged
breach of civil law.
describe the role of a plaintiff to present evidence
Present evidence: The parties must present all evidence to the judge
throughout the trial, as well as the jury if one had been
requested. In practice, the presentation of evidence
and legal arguments is conducted by legal practitioners
on the plaintiff’s behalf. for example, calling witnesses to give oral testimony under oath.
describe the role of the paintiffs too Control their own case
Control their own case The civil trial system in Victoria allows the plaintiff
(via their legal representative if they have one) to have
full control over their case, which is referred to as
party control.
includes determine their cause of action,
the selection of evidence, and the choice of witnesses
the role of a defendant in presenting their defences
Present defences:
The defendant is able to present defences to the judge
throughout the trial, as well as the jury if one has been
selected. Legal practitioners usually present evidence
on the defendant’s behalf.
the role of a defendant in controlling their own
case
Control their own case: The civil trial system in Victoria allows the defendant
to have full control over their defence case. They have
the ability to raise relevant defences and call their own
witnesses
How do parties contribute to access to justice in a civil dispute?
Courts provide general guidance to parties representing themselves, enhancing their ability to understand and engage with the justice system.
However, institutions like Victoria Legal Aid often cannot assist in civil disputes, leaving some parties without legal representation and making it harder for them to access justice.
What limitations exist for parties in achieving access to justice during a civil dispute?
Self-represented parties may struggle to understand court procedures and legal requirements, which could lead to misunderstanding their legal rights and hinder their participation.
Lack of legal aid for civil cases means low socioeconomic parties may be at a disadvantage, unable to get proper guidance or representation.
How do parties contribute to fairness in a civil dispute?
Parties have control over their own case, allowing them to decide which facts and evidence to present, ensuring that their side is heard.
This participation fosters fairness, as both parties have the opportunity to argue their case.
What limitations might prevent parties from achieving fairness in a civil dispute?
Self-represented parties may not know which documents are relevant or how to present evidence, leading to incomplete or improperly presented information.
Without proper legal representation, a party may struggle to present their case effectively, potentially leading to an unjust outcome.
How do parties contribute to equality in a civil dispute?
Both parties have the same opportunity to present their case, ensuring equality in the courtroom.
They must both adhere to the same court procedures, which ensures that neither side has an unfair advantage before the law.
What limitations might affect the equality of parties in a civil dispute?
Not all parties have the same resources or knowledge to present their case effectively, particularly those who cannot afford legal representation.
Low socioeconomic parties may find it harder to defend themselves, which undermines equality when they are unable to properly represent their side of the case.
