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RESPONSIBILITIES OF KEY PERSONNEL IN A CIVIL TRIAL (Judge (impartial and…
RESPONSIBILITIES OF KEY PERSONNEL IN A CIVIL TRIAL
Judge
impartial and independent ‘umpire’ or ‘referee’ in a civil trial.
manage the trial
decide on the admissibility of evidence
attend to the jury (if there is one)
determine liability and the remedy
make a decision on costs
Jury
6 jurors only used when one of parties request during pleadings stage or if court orders it
be objective
listen to and remember the evidence
understand directions and summing up
decide on liability on the balance of probabilities and, in some cases, damages (not defamation)
Parties
make opening and closing addresses
present the case to the jury
main parties = plaintiff and defendant
comply with 10 overarching obligations (inclu. the obligation to act honestly & minimise delay)
Legal practitioners
prepare and conduct the case.
make opening and closing addresses
present case to the judge or jury
comply with the overarching obligations