1. Responsibilities of Key Personnel in a Civil Trial

2. 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

3. 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.

4. 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.

5. 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.

6. 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?

7. 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.

8. 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. .

9. 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)