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7.4
U3AOS2 - The Judge and the Magistrate
| Question | Answer |
|---|---|
| Who are the three key personnel in a civil dispute heard in court? | The judge or magistrate, the jury (if present), and the parties (plaintiff and defendant) |
| What is the role of a judge in civil trials? | To preside over cases in the County and Supreme Courts, acting impartially and managing the trial process |
| What is the role of a magistrate in civil trials? | To preside over cases in the Magistrates’ Court, making decisions on liability and remedy since no jury is present |
| What is the judge or magistrate’s primary role in civil trials? | To act as an impartial referee ensuring both parties are treated fairly and court procedures are followed |
| When does a judge determine liability and damages? | When there is no jury present in the trial |
| What must a magistrate do in all Magistrates' Court civil trials? | Decide both liability and the remedy |
| What are the four key responsibilities of judges and magistrates in civil trials? | Act impartially, provide case management, determine liability/remedy, and decide on costs |
| Why is impartiality important for judges and magistrates? | It ensures decisions are made fairly and upholds the rule of law, where all individuals are equal before the law |
| What is case management in civil proceedings? | Powers granted to judges/magistrates to manage a case by giving directions and making orders to ensure the case progresses efficiently |
| What are examples of directions a judge/magistrate might give during case management? | Ordering parties to attend mediation or file documents within a specific timeframe |
| What is the purpose of pre-trial directions from judges/magistrates? | To prepare the case for trial, narrow down issues, or encourage settlement |
| What is discovery in civil trials? | A pre-trial procedure where parties exchange relevant documents, such as contracts or emails |
| What can a judge or magistrate do to manage discovery? | Limit discovery to certain categories or make different discovery orders for each party |
| What is mediation in civil trials? | A process where the judge/magistrate orders the parties to attempt resolving their dispute with the help of a mediator before trial |
| Why is mediation commonly used in the Supreme Court? | Because it has proven successful in helping resolve disputes before they reach trial |
| What is a directions hearing? | A court session where the judge/magistrate gives instructions to parties on how the case should proceed and sets deadlines |
| What can judges or magistrates do during the trial to manage proceedings? | Change the order of evidence, limit time for hearings, and restrict witness examination |
| What power do judges/magistrates have regarding witnesses? | They can ask clarifying questions or disallow certain witnesses or cross-examinations |
| What happens if a witness gives hearsay evidence? | The judge/magistrate may rule to exclude it, as it was not personally witnessed |
| What must judges do when a jury is present in a civil trial? | Address the jury, give them directions, and summarise the case at the end of the trial |
| What is the judge’s duty when a party is self-represented? | To ensure they understand court processes, obligations, and rights |
| What must a judge/magistrate decide if there is no jury? | Whether the plaintiff has proven their claim and what remedy should be awarded |
| What is a court judgement? | A written decision by a judge explaining their legal reasoning and the outcome of the trial |
| Why might a court delay handing down a judgement? | To provide a detailed and reasoned explanation, although excessive delays should be avoided |
| When do judges/magistrates decide on costs? | After the hearing, they determine which party should pay the legal costs |
| Is the successful party always awarded costs in civil trials? | Not always, though generally the successful party is entitled to costs |
| What is one similarity between judges in criminal and civil trials? | Both are expected to act impartially and assist self-represented parties |
| What is a similarity regarding jury instructions in civil and criminal trials? | Both judges give directions to juries when present, though this does not apply to magistrates |
| What is a key difference in the judge’s role between civil and criminal trials? | In civil trials, judges may decide liability and remedy, but in criminal trials, only the jury decides guilt |
| What is a difference in remedy vs sanction between civil and criminal trials? | Civil judges award remedies, while criminal judges impose sanctions after a guilty verdict |
| How do case management powers differ between civil and criminal cases? | In civil cases, judges can order mediation and discovery, but these are not part of criminal proceedings |
Created by:
nandistudies
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