Unit 2 AOS 3b

Question 3

Reasons for Civil Court Hierarchy

Answer 3

Appeals: If there are grounds for it a dissatisfied party can take the matter on appeal to a higher court. This allows for fairness, and an opportunity for any mistakes mad by the judge to be corrected. If there were no hirgher and lower courts there would be no higher courts to appeal to.
Administrative Convenience: Allows for the ditribution of cases according to their seriousness and level of complexity. Less complex/serious cases are more common, so it is convenient for them to be delt with by the Magistrates’ court. More complex/serious matters are heard in the higher courts because they take longer to hear and should be heard by experts in that field allowing for an efficient court sytem.

Question 4

Roles of Key personnel in civil dispute

Answer 4

Judge or Magistrate:Enforces rules of evidence and procedure equally, decides questions of law, directs the jury if there is one. Also decides a verdict and remedy if no jury. Judges may also make any order that they believe will help lead to a just, prompt and economical resolution of a dispute.
Jury: Deliver a verdict and sometimes a remedy, objectively listen to evidence and assess it, follow instructions from a judge, and deliberate until they reach an outcome.
Parties: gather and present evidence and arguements to the decision maker. Plaintiff attempting to prove defendant caused harm to them beyond reasonable doubt. Defence will test evidenc of plaintiff and may present own evidence to dispute the arguements of plaintiff.
Both subject to overarching obligations.

Question 5

Overarching obligations

Answer 5

Applies to legal practitioners and both parties.
* Act honestly
* Have proper basis on their claim
* Only take steps to resolve the dispute
* Cooperate
* Not mislead or decieve
* Use reasonable endavours to resolve
* Narrow the issues
* Ensure costs are reasonable
* Minimise the delay
* Disclose the existence of documents

Question 6

Need for legal practitioners

Answer 6

Solicitors: Provide administrative support and manage the case overall, help the barrister
Barristers: Present the case within the trial
Role: Use their legal expertise to support their case and advise their client on the best steps to resolve the matter. Manage and engage in pre-trial processes, support teir party at mediation if ordered.
Need: Help parties navigate the complex and stressful nature of civil dispute (access)
Ensures both parties presnt their case in the best possible light (fairness) (access)
The expertise should increase efficiency in the system pre trial processes (access)
If both parties case is presented in the best possible light this ensures their is no disadvantadge or disparity. (equality)

Question 7

Class Action

Answer 7

Are when a group of 7 or more people (the ‘class’) bring a civil action together as one proceeding rather than intiating seperate proceedings.
All members of the class must have suffered harm from the defendants in the same or similiar circumstances.
Initiated in the name of a lead plaintiff and group members do not pay legal fees. Most class actions are usually funded by litigation order or law firm.
automatically included unless you opt-out. If no opt out you cannot sue the defendant yoself.
Why
Gets more people to engage in the justice system as people included in the class may not have had the money to sue individually. (access)
By not managing multiple claims and running multiple trials on the same issue this will save time and reduce delays for other matters as well. (access)
Seperate claims could be heard across seperate courts or institutions which could lead to inconsistent outcomes (equality).
The court will oversee any settlement which should limit unfair outcomes. (fairness)