The civil trial is still conducted in an adversarial manner in that there are two opposing parties and the object of the trial is to determine whether or not the defendant is liable and, if so, how to compensate the plaintiff. A key feature of the civil trial is that parties must adhere to strict rules of evidence and procedure. Parties present their cases in line with these rules and seek to show their case in the most favourable light while discrediting the opposing party’s case. Evidence is largely presented orally in court. The judge plays a role in ensuring the rules of evidence and procedure are adhered to and directs the jury if there is one. Settling out of court is still an option even once the trial commences. The diagram outlines the stages of a trial.
The trial procedure adopted in a civil trial, while adversarial in nature, is in place to provide each party with adequate means to present their side of the case. The procedure helps pinpoint the crucial information relevant to the case and through revealing the strengths of each side’s case, an out-of-court settlement may be reached.
Let us look at how a trial is conducted to see the adversarial system in action.
Civil juries
In civil trials, either party may decide to have the case heard by a judge sitting alone or by a judge and jury. If a jury is used, the judge’s associate will draw out 12 cards from a ballot box containing the name, home address and occupation of each juror. The plaintiff and defendant will strike out three jurors each from the list so that six jurors remain to hear the case. If, at the end of the process, either party has not struck out three names from the list, the judge’s associate will strike out the remaining names. Sometimes the court will consider that names should not be read out in court so, rather than being identified by name, each potential juror is identified by number.
In brief, the role of the jury is to arrive at a verdict and, if monetary compensation is sought, the jury will decide on the amount to be awarded to the plaintiff.
Let us look at how a trial is conducted to see the adversarial system in action.
Civil juries
In civil trials, either party may decide to have the case heard by a judge sitting alone or by a judge and jury. If a jury is used, the judge’s associate will draw out 12 cards from a ballot box containing the name, home address and occupation of each juror. The plaintiff and defendant will strike out three jurors each from the list so that six jurors remain to hear the case. If, at the end of the process, either party has not struck out three names from the list, the judge’s associate will strike out the remaining names. Sometimes the court will consider that names should not be read out in court so, rather than being identified by name, each potential juror is identified by number.
In brief, the role of the jury is to arrive at a verdict and, if monetary compensation is sought, the jury will decide on the amount to be awarded to the plaintiff.