remedies

Question 1

aim of civil law

Answer 1

protect rights of individuals

Question 2

fairness in the civil justice system

Answer 2

> full details of claim
right to be advised and represented
methods of dispute res -> resolve themselves + others x decide for them
tribunals x high $
strict rules apply to evidence + procedure of trial

Question 3

Equality in the civil justice system

Answer 3

> equal b4 the law -> equal access w/o barriers -> x discrim on characteristics e.g race/gender/culture/status

Question 4

access in the civil justice system

Answer 4

> existence of dispute res methods
exist of complaint bodies -> guide
specialised efficient + effective tribunals
indiv courts -> jurisdictions

Question 5

mediation

Answer 5

indep 3rd party assist parties to discuss dispute + determine mutually acceptable resolution b/w themselves
mediator = trained for role + x suggest/advise
lawyers can be present
decision = x binding unless ‘deed of settlement’

Question 6

process of mediation

Answer 6

1) introduce
2) both parties tell sides of dispute + ID issues
3) mediator list main point
4) parties listen to eachother, discuss, ask q’s
5) mediator meet each party privately + discuss solutions
6) all meet to negotiate + discuss options
7) agreement written by mediator
8) closing statement -> mediator congratulate both for resolve

Question 7

conciliation

Answer 7

indep 3rd party assist + offer suggest/advice
lawyers can be present
x legally bind

Question 8

arbitration

Answer 8

impartial 3rd party listen to both parties + help reach agree -> 3rd party decide -> legally binding
lawyers = often present

Question 9

judicial determination

Answer 9

resolve via courts -> present case b4 indep + impartial 3rd party -> legally bound
last resort b/c expensive + time consuming

Question 10

mediation strengths

Answer 10

> cheap
quick
win-win solutions
informal atmosphere -> increase compromise
confidentiality
maintain relationship

Question 11

purpose of remedies

Answer 11

restore the infringed party who has suffered a loss or injury to the pos.n the party was in b4 loss occurred

Question 12

types of remedies
damages

Answer 12

an amount of money to be paid to the infringed party to compensate for losses suffered

Question 13

types of remedies
injunctions

Answer 13

a court order to force a party to complete, or stop, an action in an attempt to rectify the situation that has arisen

Question 14

compensatory damages

Answer 14

monetary compensation to plaintiff for loss/injury
specific damages: compensate the plaintiff for items that can be calculated exactly
general damages: compensate for pain and suffering. x calc exactly. Plaintiff’s counsel will make submissions to estimate approp amount
aggravated damages: compensate for humiliation + insult

Question 15

nominal damages

Answer 15

small amount of damages awarded by court to plaintiff
in cases where defend = infringe rights of P + P suffered actual loss

Question 16

exemplary damages

Answer 16

awarded if defendants actions = negligent/abhorrent that court wish to deter others from similar + show disapproval of actions

punish + deter

Question 17

contemptuous damages

Answer 17

if infringement of rights but court expresses disapproval of plaintiffs legal actions

contempt by court may be bc infringe = minor + x moral right to damages

Question 18

injunctions

Answer 18

‘interlocutory’ = short term
perpetual = long term

mandatory = compel an action
restrictive = prevent an action