Outcome 2- Role of Jury in Civil Dispute + Damages+ Order for Specific Performance + Injunctions and Civil Remedies Flashcards
Jury in a Civil Dispute
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
Peremptory Challenges
They are challenges with out a reasons
The Plaintiff and defendant are entitled to 3 peremptory challenges
Challenges for cause
Challenges with a reason eg a valid reason to leave
Role of the jury
Consider the facts of the case and decide who is most likely in the wrong. Their decision is made on the balance of probabilities.
Damages
These apply to an amount of money given to try to compensate for the damage suffered .
Three types of Damages
- Compensatory Damages
- Nominal Damages
- Exemplary Damages
Compensatory Damages (Special/Specific)
Awarded to compensate the injured party (Plantiff) for items that can be calculated eg loss of wages
Compensatory Damages (General Damages)
Awarded to compensate the plaintiff for pain and suffering. They consider the extent of the plaintiffs emotional suffering and loss of enjoyment of life
Compensatory Damages (Aggravated Damages)
Awarded to Compensate the plaintiff further if the court believes that the defendants conduct injured the plaintiffs feelings by causing humiliation.
Nominal Damages
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.
Exemplary Damages
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.
Order for Specific Performance
An order directing someone to complete a contract. This type of civil remedy is normally used disputes relating to contract for sale of land.
Strengths of Order for Specific Performance
- Such an order provides a mechanism for enforcing a contract
- Sometimes damages are not approiate
Weakness of Order for Specific Performance
-Difficulties can be caused by enforcing a contract; damages are usually an apporiate remedy
Injunctions
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.
Restrictive Injunctions
An injunction stopping someone from doing something eg ; stopping a building destroyed if it were in the interests of the nation to preserve it.
Mandatroy Injuctions
This is sought when a person wishes to compel someone to do a particular act.
Civil Remedies (Types of enforcement procedures)
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
Warrant of Seizure of sale
Enabling a person who is owed money to seize property from the person who owes the money
Attachment of earnings order
This forces the judgment debitors employeer to pay the debt at regular intervals
Attachment of debits order
This can involve a garnishee, that is that a third person pay the debt directly to the judgement creditor.
Bankruptcy
If the debt exceeds $5000 , the judgement creditor can serve a bankrupcy notice on the judgments debtor.
Enforcement of injunctions
A person is contempt of court if he or she does not follow an injunction and this is a criminal offense.
