3.2.06 The roles of key personnel in a civil dispute

In a civil case, the judge may:

• Call and question witnesses to establish the facts.
• Make orders and give directions to the parties.
• Require the jury to give reasons for their decision.
• Assist a self-represented party to gather evidence.

Who cannot be the decider of facts in a civil trial?

• A judge
• A jury of eight people
• A magistrate
• A jury of six people

In which of the following cases may a jury be required to decide the amount of damages?

• Quincy’s nuisance claim is being heard before a judge.
• Kiki’s negligence case has been dismissed and the other side is seeking an order that Kiki pay their costs.
• Adwin has succeeded in his negligence case against the state of Victoria.
• Polly has succeeded in her defamation case against a former colleague.

Which of the following is not a role of a jury in a civil trial?

• Being objective.
• Listening to the judge’s directions and summing up.
• Taking notes during the trial.
• Deciding on costs.

In what way can a civil jury affect the principle of access?

• The party who requests a jury needs to pay for it.
• The jury members may find it difficult to listen to and remember the evidence.
• The jury members may have unconscious biases.
• Jurors are randomly picked.

You are expected to know the responsibilities of key personnel in a civil trial. Who are the key personnel you are expected to know?

• The magistrate, the judge, the jury and the legal practitioners.
• The judge, the jury, the parties and the legal practitioners.
• The judge, the jury, the prosecutor and the plaintiff.
• The judge, the jury, the plaintiff and the defendant.

True or false: The obligation to comply with the overarching obligations is only imposed on the parties, not on the legal practitioners.

• False _ obligation to comply with the overarching obligations is only imposed on the parties, not on the legal practitioners.
• True – they are obligations imposed on the parties themselves.

How does the use of legal practitioners help to achieve the principle of fairness?

• How does the use of legal practitioners help to achieve the principle of fairness?
• Legal practitioners are inexpensive and can help the parties access the court system.
• Legal practitioners are skilled in civil trials and will help the party present their best possible case.
• Legal practitioners know how to avoid things like overarching obligations.

Liana is a VCE Legal Studies student and was asked to identify one of the responsibilities of a defendant’s legal practitioner in a civil trial. She stated that one of the responsibilities is to discharge the burden of proof. What is wrong with this answer?

• Liana has not written enough to get full marks for a response.
• The defendant themselves has the burden of proof, not the legal practitioner.
• There is nothing wrong with this answer – Liana gets full marks!
• The defendant does not have the burden of proof in a civil claim unless they raise a particular defence or make a counterclaim.

Party control means that:

• The court has control over how the case will run.
• Each party in a civil trial has control over the way their case will run.
• Each party in a civil trial decides whether they attend trial or not.
• The parties have control over their own legal practitioners.