Court Report

945 words - 4 pages

CLAW 1001 Commercial Transactions ACourt Report1. Background detailsName of court visited: Local CourtCourtroom 5.6 Downing Center Level 5143-147 Liverpool St, SydneyDate of visit: 16th August 2004Name of the Case: Keller v Toyota Motor Co. (2004)Name of Presiding Magistrate: MadgwickPlaintiff: Michael KellerSubject matter of the case:It was a civil matter. The defendant is a manufacturer of automobiles. It sold an automobile to a retail dealer. The retail dealer resold to the plaintiff. While the plaintiff was in the car it suddenly collapsed. He was thrown out and injured. One of the wheels was made of sensitive material, and its spokes crumbled into fragments. The defendant did not make the wheel; it was from another manufacturer.Representation of parties:Both of the parties were represented by solicitors. Solicitor who was called Smith, represented the plaintiff; and Kean represented the defendant.2. Layout of the courtThe panel that is in the top of the courtroom is for the magistrate and in front of that panel is the place for the depositions clerk or recorder. On the left hand side is the place for the witness or someone who will tell the testimony and on the right hand side is the place for the writer or recorder. The seats for the public gallery are located near the entry door and the opposite of the magistrate panel. In the middle of the room there is a place for the defendant who seats on the left hand side and plaintiff on the right hand side that in this case is the crown. The layout of the court is diagrammatically represented in Page 6.3. Court proceedingsWhen the magistrate came into the room, everyone bowed to the magistrate. The court proceeding was started when the magistrate called the defendant and stated the case.l Role of the judge or magistrate in the proceeding:The magistrate, Madgwick evaluated as to whether evidence was fit for submission, and listened to the arguments presented by both parties. The magistrate took a cursory look at the police statements and other evidence that was submitted, rather than looking at them in any detail. She was very carefully heard the case and her attitude to it were also seriously.The magistrate played an important role in proceedings at the end of the session when he summed up the facts of the case, handed down her verdict, and provided reasoning for her verdict. It is important to note that in this case she had sole discretion and control over what penalty would be imposed.l Degree of formality or informality in the proceeding:The proceeding of the case could be said formal because each person in the court was responsible for his or her work seriously. At the beginning of the proceedings, the court officer instructed the court to stand when the magistrate entered the room. Immediately...

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