Outcome 2- Role of Jury in Civil Dispute + Damages+ Order for Specific Performance + Injunctions and Civil Remedies

Question 1

Jury in a Civil Dispute

Answer 1

They are optional in a civil case tired in the county or supreme court. They are mostly used in defamation cases. There are six jurors in a civil jury and up to 2 jurors can be empanelled if the trial is expected to be long

Question 2

Peremptory Challenges

Answer 2

They are challenges with out a reasons

The Plaintiff and defendant are entitled to 3 peremptory challenges

Question 3

Challenges for cause

Answer 3

Challenges with a reason eg a valid reason to leave

Question 4

Role of the jury

Answer 4

Consider the facts of the case and decide who is most likely in the wrong. Their decision is made on the balance of probabilities.

Question 5

Damages

Answer 5

These apply to an amount of money given to try to compensate for the damage suffered .

Question 6

Three types of Damages

Answer 6

• Compensatory Damages
• Nominal Damages
• Exemplary Damages

Question 7

Compensatory Damages (Special/Specific)

Answer 7

Awarded to compensate the injured party (Plantiff) for items that can be calculated eg loss of wages

Question 8

Compensatory Damages (General Damages)

Answer 8

Awarded to compensate the plaintiff for pain and suffering. They consider the extent of the plaintiffs emotional suffering and loss of enjoyment of life

Question 9

Compensatory Damages (Aggravated Damages)

Answer 9

Awarded to Compensate the plaintiff further if the court believes that the defendants conduct injured the plaintiffs feelings by causing humiliation.

Question 10

Nominal Damages

Answer 10

Awarded by a court if they believe that the defendant has infringed the rights of the plaintiff, but the plaintiff did not suffer any actual loss.

Question 11

Exemplary Damages

Answer 11

Example of a court seeking to punish the defendant. This may be awarded if defendants actions were so negligent that the court wishes to deter others from similar actions.

Question 12

Order for Specific Performance

Answer 12

An order directing someone to complete a contract. This type of civil remedy is normally used disputes relating to contract for sale of land.

Question 13

Strengths of Order for Specific Performance

Answer 13

• Such an order provides a mechanism for enforcing a contract
• Sometimes damages are not approiate

Question 14

Weakness of Order for Specific Performance

Answer 14

-Difficulties can be caused by enforcing a contract; damages are usually an apporiate remedy

Question 15

Injunctions

Answer 15

A civil remedy aimed at stopping someone doing something or making someone do something. They can be granted on a temporary or long- term basis.

Question 16

Restrictive Injunctions

Answer 16

An injunction stopping someone from doing something eg ; stopping a building destroyed if it were in the interests of the nation to preserve it.

Question 17

Mandatroy Injuctions

Answer 17

This is sought when a person wishes to compel someone to do a particular act.

Question 18

Civil Remedies (Types of enforcement procedures)

Answer 18

If a person does not follow a court order to pay damages, there are a number of enforcement procedures

• A warrant or seizure of sale
• Attachment of earnings order
• Attachment of debit order
• Bankruptcy
• Enforcment of injuctions

Question 19

Warrant of Seizure of sale

Answer 19

Enabling a person who is owed money to seize property from the person who owes the money

Question 20

Attachment of earnings order

Answer 20

This forces the judgment debitors employeer to pay the debt at regular intervals

Question 21

Attachment of debits order

Answer 21

This can involve a garnishee, that is that a third person pay the debt directly to the judgement creditor.

Question 22

Bankruptcy

Answer 22

If the debt exceeds $5000 , the judgement creditor can serve a bankrupcy notice on the judgments debtor.

Question 23

Enforcement of injunctions

Answer 23

A person is contempt of court if he or she does not follow an injunction and this is a criminal offense.