Chapter 9-Civil Pre-Trial Procedure, Trial Procedure and Rmedies

Question 1

Explain the civil pre trial procedures

Answer 1

• Writ: Notifies the defendant of the case
• Pleadings: Includes the statement of claim (sets out details of the cases), defence (defendants version of the facts), reply (only used to question allegations and determine the facts), and a counter claim (only used if the defence has a claim against the plaintiff)
• Discovery Process: Discovery and inspection of documents (medical reports, witness reports etc)

Question 2

What are the purposes of civil remedies?

Answer 2

The aim of civil remedies is to restore the party back to their original position before the wrong. This can be in the form of damages (most common), the court enforcing an order requiring the defendant to do or not do something or equitable remedies such as an injunction.

Question 3

What are damages?

Answer 3

Damages are the most common form of civil remedies. They can be in the form of compensation (specific damages=amounts that are measurable like loss of income or medical bills, general damages=calculated on degree of pain and suffering, difficult to value, exemplary damages=making an example out of someone by making them pay a large sum of money, nominal damages=the plaintiff is not seeking money, only proof they are right, contemptuous damages=plaintiff may have legal right but not a moral right)

Question 4

What are injunctions?

Answer 4

If the plaintiff is seeking an action and not money, they may choose an injunction. An injunction may stop the defendant from living at a house, force an employer to pay the plaintiff properly. One type of injunction is a temporary injunction known as an interlocutory or a permanent injunction known as a perpetual.

Question 5

How are civil remedies enforced?

Answer 5

A warrant of distress, where the defendants property may be seized and sold to repay the plaintiff.
A garnishee order, which orders a third party to repay the defendant the money they are owed straight on to the plaintiff.
An attachment of earnings, where a sum of money is deducted from the plaintiffs earnings and sent to the plaintiff.
Imprisonment, where the defendant is pleased in prison for contempt of court, they must still carry out the original remedy and is used as a last resort.