3.2.7 the responsibilities of key personnel in a civil trial, including the judge, jury, the parties and legal practitioners Flashcards
responsibilities of the judge
the judge is an impartial and independent manager and director of the courtroom who ensures all parties are treated fairly and equally. the judge decides on the law, the facts and the remedy (if there is no jury)
- remain impartial
- decide on law and facts
- apply rules of evidence and procedure
- direct jury
responsibilities of the jury
- remain impartial and objective
- listen to all evidence and directions from judge
- decide on facts and assess damages
- avoid making their own enquires
responsibilities of the parties
- choose whether to retain legal representation
- present their case
- comply with overarching obligations
- avoid acting dishonestly or causing delay
responsibilities of legal practitioners
- act in best interest of client
- present their case, including open and closing summaries
- comply with overarching obligations
- avoid acting dishonestly or causing delay
legal practitioners vs parties
LEGAL PRACTITIONER must have a practising license. if a party is self-represented, they are not a legal practitioner, they are a party.
responsibilities of judge and POJ
access yes because they actively manage the proceedings minimising costs and delays however they cannot assist self represented parties.
fairness yes because they are impartial however there is a potential bias and they have limited control (cannot seek evidence, only take what they are given)
equality - have to apply rules of evidence to everyone
responsibilities of jury and POJ
access because everything is in plain english however costs and limited use of juries.
fairness because trial by peers, independent and impartial however potential bias and used in very few matters.
equality because available to all parties however not always a true cross-section of society
responsibilities of parties and POJ
access yes self-represented parties however legal aid limits
fairness yes party control however self-rep parties at a disadvantage
equality yes opportunity to present case however availability of legal rep and role of the judge
responsibilities of practitioners and POJ
access yes parties have a better understanding however self rep parties
fairness because the case presented in best light however self rep parties at a disadvantage
equality because legal rep is theoretically available to all however costs
