Civil procedure – trail and post trial

Chapter 8

Trial

Burden of proof – plaintiff Standard of proof – balance of

probability

The case is called and an appearance is entered

Empanelling a jury

Empanelling jury

Optional Can be requested by either party if it is an action

founded on contract or tort Jury fees paid by the plaintiff If defendant request jury then defendant to

reimburse fees to plaintiff within 14 days

6 jurors in County or Supreme Court (2 additional jurors)

Each side 3 peremptory challenges and unlimited challenges for case

Decides which party is wrong on balance of probability and decide on the amount of damages

Stages

Plaintiff’s case – opening address – calling witnesses – examine witnesses

View – judge and parties meet at scene

Submission of no case to answer

Defence’s case – opening address – call witnesses – final address

Final address by the plaintiff

Judges summing up

Verdict

Remedies

Aim of civil remedies is to restore the injured party to the position they were before the harm occurred.

Damages

Compensatory damages – restore the party whose rights have been infringed to the position they were in before the infringement

1. Specific – precise value - medical2. General – long term eg lost wages/pain and suffering3. Aggravated – injured feelings humiliated

Nominal damages – small amount of money

Contemptuous damages – court feels plaintiff has legal right but no moral right

Exemplary damages – punitive or vindictive

Injunction

Restrictive/prohibitive mandatory

Other orders

Order of specific performance Specific restitution Costs and interest

Enforcement procedures Warrant of seizure and sale Attachment of debts Attachment of earnings Charging summons sequestration

Home work

Read and summarise 429 to 446

Focus heavily on the Evaluation of the legal system pages 440 to 446