12LS Role of Personnel Review

Identify the main reasons why legal practitioners are essential in a civil case. Choose all that apply.

• Preparing and conducting the case on behalf of the parties

• Assist in ensuring the longevity of the legal profession 

• Experts who are familiar with civil trials

• Ensure that the rule of law is upheld, and that the law is applied equally and fairly

Obtaining legal aid through service providers such as Victoria Legal Aid (VLA) is not possible in the civil justice system as it is in the criminal justice system. In addition, VLA does not give advice on civil cases; such as in relation to business matters, pay disputes or work injuries.

• True

• False

Some dispute resolution bodies and methods are set up so that the use of legal practitioners is not needed (or is even discouraged). For example, the Victorian Civil and Administrative Tribunal (VCAT) generally does not allow lawyers to represent people in disputes.

• • 
    

    True

• False

Identify the two types of legal practitioners in civil cases. Choose all that apply.

• Barrister

• • 
    

    Paralegal

• Judge

• Solicitor

Read the following scenario and identify one document that the party is likely to have to disclose;

Jose is the lead plaintiff in a representative proceeding in which it is alleged that the group suffered physical injuries because of contaminated food products. Jose had some final testing completed and received medical advice that he does not suffer from injuries as a result of eating that food, but in fact is a coeliac, which is what caused the onset of his symptoms and illness.

• Emails

• • 
    

    Medical records

• Receipt of purchase

• Contract

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

• The jury members may find it difficult to listen to and remember the evidence

• Jurors are randomly picked

• The party who requests a jury needs to pay for it

• The jury members may have unconscious biases

Civil juries are made up of 12 jurors.

• True

• False

Which of the following are roles of the judge or magistrate in a civil case. Choose all that apply. 

• Case management (before trial or hearing)

• Act impartially

• Determine liability and remedy

• Meet with legal representatives to discuss the case

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

How might the cost of legal representation impact a party's ability to pursue a civil case?

• It may prevent a party from hiring a lawyer

• It has no impact on the case

• It ensures faster resolution of the case

• It guarantees a win in the case