Responsibilities of Key Personnel in a Civil Trial

Responsibilities of the Judge Enforcing the rules of evidence and procedure Ensuring that the plaintiff has legally established the ‘burden of proof’. Overseeing the jury selection and empanelling process Summarising the facts and explaining the relevant law to the jury. Deciding the admissibility of evidence Deciding all questions of law and ruling on their relevance Deciding questions of fact when there is no jury Determining the remedy

Purpose of the Judge The impartiality of the judge in a civil trial promotes fair and equal treatment and is seen as the key to ensuring that the principles of justice are upheld. When a decision is made by an independent body, it is more likely to be accepted by the parties and the community as a fair decision.

Responsibilities of the Jury Listening to and evaluating evidence determining questions of fact and applying the law as explained by the judge Deciding fault and awarding damages Remaining unbiased and making a decision on the evidence presented.

Purpose of the Jury The jury safeguards the rights of the parties by reflecting community standards and thus promoting justice that is in line with community values. Impartiality is central to the concept of a fair trial. The random selection process and the checks to excuse potential jurors ensure a fair trial. Under the Defamation Act 2005 (Vic) juries cannot determine damages in defamation cases.

Responsibilities of the Parties Decide all matters relating to: Initiating the action and nominating the relevant court or dispute resolution body If a jury will be used Identifying key issues to be presented in court Researching and controlling the evidence, the law and its presentation The type and number of witnesses to be called. Is legal representation necessary?

Responsibilities of Legal Practitioners Representing the parties in court Protecting the rights of individuals by ensuring fair and equal treatment in court Researching the facts and the relevant law Deciding the order and presentation of relevant material and witnesses.

Purpose of Legal Representation Providing both parties have equal representation, it is assumed that the truth will emerge and a just and fair outcome will result. Financial disadvantage or one party appearing without representation, may contribute to an unfair decision. .

Essay Task It is often suggested that the right to trial by jury in a civil matter should be abolished. Do you agree? Justify your opinion. (10 marks)