U3AOS2Topic 6: The roles of key personnel in a civil dispute

Key Personnel include:

1. The judge or magistrate.
2. The jury.
3. The parties.

Note:

1. The key skills section of the study design requires that you be able to compare the roles of the key personnel in criminal and civil law as part of U3 AOS2. So, if you have forgotten the roles of the key personnel in a criminal case, revise those immediately, as a comparison question about civil and criminal law key personnel could come up in your U3 AOS2 SAC!

The role of the Judge or Magistrate in a civil dispute:

1. Case management: A judge or magistrate has the authority to actively manage a civil dispute to ensure that there is an efficient and effective use of court resources. Case management powers allow the judge or magistrate to order various pre-trial procedures, such as directing the parties to attend directions hearings, where the purpose is to establish a timeframe for the court processes and procedures in a civil case; directing the parties to attend mediation, which entails a potentially more cost-effective dispute resolution method for the parties; and giving directions related to discovery, where the purpose is for the parties to get copies of each other's documents that are relevant to the issues in a dispute.
2. Act impartially/Remain unbiased - The judge or magistrate in a civil dispute must be impartial. The judge or magistrate should not make their decisions in a civil dispute based on preconceived notions or biases toward or against either party. If a judge believes, judges and magistrates are independent of political parties related to the government and parliament, and must therefore make decisions that are not in favour of them or in favour of particular interpretations of the law.
3. Determine liability of a defendant (magistrate and sometimes, a judge when a jury is not present) - When a jury is not present, the judge or magistrate has the role of determining whether the defendant is liable of the civil wrong that the plaintiff claims. The judge or magistrate must consider whether the plaintiff has proven, on the balance of probabilities, that their version of events is more probable than not to be true in order for the defendant to be found liable. In the Magistrates' Court, a jury is never used and so the magistrate will decide the liability. In most County Court or Supreme Court cases, a jury is not used (though they can be if either party requests one) and so the judge will determine liability.
4. Direct the jury (if one is present) - A judge has the duty of instructing and directing the jury in relation to what their role is in a civil trial. As jury is never used in the Magistrates' Court, this role does not apply to a Magistrate. The judge may be required to sum up the case to the jury at the end of the trial, which includes summarising all the evidence presented during the trial.

Note:

1. I’d highly recommend that you definitively know the role of case management because, out of all the ones listed above, that is the role explicitly mentioned in the study design. So, you HAVE TO KNOW THAT ONE!
2. VERY IMPORTANT TO KNOW - Whilst the key skills section doesn't explicitly say that you need to know the differences in the role between a judge or magistrate, the 2024 sample Legal Studies exam questions assesses you on that knowledge so you are required to know it! So make sure you understand how a magistrate is different to a judge.

Similarities between the role of the judge or magistrate in criminal and civil law:

1. In both types of law, the judge or magistrate is expected to act impartially throughout the entirety of the case. The judge or magistrate must make decisions regarding the case without favouring either party or being biased against or towards either one. The judge or magistrate must make decisions during the case based on the facts and ensure that the rules of evidence are strictly followed.
2. In both types of law, judges have the role of instructing the jury and giving them directions (if a jury is used in a civil case). As no juries are used in the Magistrates' Court in both civil and criminal law, the aforementioned role is therefore not applicable to magistrates.

Differences between the role of the judge or magistrate in criminal and civil law:

1. The outcome of the case - In criminal law, the judge or magistrate will decide on the appropriate sanction to impose if the accused is found guilty of committing an offence. On the other hand, the judge may have the duty of deciding on the appropriate remedy to award to the wronged party (if a jury is not present) and the magistrate will have also have the role of deciding on the appropriate remedy to award to the wronged party (damages and/or injunctions).
2. The nature of the verdict - In civil law, the judge (when a jury is not present) or magistrate will determine the liability of the defendant and whether the plaintiff has proved their case based on the 'balance of probabilities'. On the other hand, the nature of the verdict is in relation to the accused's guilt and not liability.

The role of the jury in a civil case:

1. Be objective - The jury must remain unbiased and objective throughout the duration of the entire trial. They must be willing to bring an open mind to the task, ensuring that they do not make decisions based on preconceived ideas or any prejudices. They must make a decision based solely on the facts presented within the case.
2. Listen to and remember the evidence presented - The jury must ensure that they are paying close attention to the evidence presented at trial to ensure that the decision that they make is based solely on the facts presented. The jury members must ensure that they are remaining alert at all times to ensure that they are keeping track of the information presented. The jury may also potentially take notes throughout the case.
3. Determine the liability - The major role of the jury is to determine the liability of the defendant. That is, in order for the defendant to be found liable, the jury must believe that the plaintiff has proved that their version of events is more probable than not to be true (based on the 'balance of probabilities). In majority of cases, the jury will need to reach a unanimous verdict (all jury members must agree in order for the defendant to be found liable).

Similarities between the role of the jury in civil and criminal law:

Differences between the role of the jury in civil and criminal law: