AOS 2 Part 2 Flashcards
(49 cards)
What key personnel exist in a civil matter
Judge/Magistrate
Jury
Disputing Parties
what is the role of a judge/magistrate in a civil matter
Act as an independent impartial third party
Preside over matter, ensuring fairness
If no jury, determine verdict and suitable remedy
what is the role of a jury in a civil matter
6 jurors represent a random cross section of society
listen to arguments and evidence, retire to consider matter, decide on verdict
In some matters determine a remedy
What is the role of disputing parties in a civil matter
Preparation and presentation of own case
Plaintiff proving burden of proof
Partake in civil pretrial stages
what does case management involve
Judicial officer overseeing the progress of a case from start to finish
what is the aim of case management
ensure an efficient, fair, less time consuming and less expensive process
What act provides judicial officers with case management powers
Civil Procedure Act 2010 (Vic)
O D J
what powers do judicial officers possesses with case management
and example
provide orders, directions and judgements before the matter
e.g order parties to attend mediation
Brief outline of mediation
Parties will meet before an independent, impartial third party, aim being to reach a mutually-acceptable agreement
imposing…
what directions can a judicial officer give
imposing reasonable limits
restrictions or conditions
what are similarities between the judge/magistrate in criminal and civil matters
-Independent, impartial third party
-apply strict rules of evidence and procedure
-assist self rep parties
ensure fairness
-if jury present, oversee empanelment, provide guidance and charge
what are differences between the judge/magistrate in criminal and civil matters
If a jury is not present in a civil trial, judge determine verdict and remedy, in criminal judge only determine sentence
In civil matter, judicial officer can compel parties to attend mediation
what are similarities between the Jury in criminal and civil matters
-Independent, impartial fact finding body
-listen; consider; decide
-rep’ random cross section of society
-Comply with obligations e.g no personal research, discussion with media
what are differences between the jury in criminal and civil matters
and what they have to establish on
-criminal jury determine guilt, civil jury determine liability
-criminal matter jury determine guilt beyond reasonable doubt, civil matter liability on balance of probabilities
-criminal jury wont determine sanction, civil jury may determine remedy
what are similarities between the parties in criminal and civil matters
-prosecution and civil parties are to disclose relevant documents(not apply to criminal accused)
-parties responsibility to prepare and present own case
-parties to comply with court, cannot mislead court
what are differences between the parties in criminal and civil matters
-civil defendant has ongoing obligation to engage in discovery, crim accused does not
-civil parties often do not need to concern themselves with jury matters
benefits of legal practitioners in civil matter
-Knowledge of present opening and closing address
-effectively cross-examine witnesses
-remain objective
-present client case in best possible light
challenges with legal practitioners in civil matters
-costs (access)
-variation in levels of experience and expertise (equality?)
-difficulty gaining funding from VLA (fairness?)
what is a class action
A civil proceeding being initiated by one infringed party on behalf of multiple infringed parties against a common defendant
who are the members of a class action
lead plaintiff
group members
defendant
what courts address class actions
Supreme Court
Federal Court
how many plaintiffs in a class action
7 or more
what will the writ in a class action outline
group members
nature of claim
remedy sought
any questions on law and fact
what is a writ
a pre-trial document apart of the pleading stage
