Unit 4 AOS2 (Civil remedies and procedures)

Question 1

What is included in the PLEADINGS stage of civil pre-trial procedure?

Answer 1

• Letter of demand
• writ
• statement of claim
• Notice of appearance
• statement of defence
• counterclaim

Question 2

What is the ‘Letter of demand’ stage of civil pre-trial procedure?

Answer 2

A letter is sent out to the defendant by the solicitor of the plaintiff. This letter exists to inform the defendant that action is beginning to be taken against them, informing them of what action needs to be taken to avoid further legal action- encouraging an out of court settlement.

Question 3

What is the ‘Writ of summons’ stage of civil pre-trial procedure?

Answer 3

Plaintiff’s solicitor sends a writ to the defendant to notify them to officially notify them that action has commenced including specific details of the action such as the name of the court, mode of trial ect . A writ is then lodged with the supreme court to allow for administrative convenience as the court is aware of the incoming case.

Question 4

What is the ‘Statement of claim’ stage of civil pre-trial procedure?

Answer 4

A statement generally sent to the defendant with the writ. This document sets out the precise nature of the claims made against the defendant and the remedy sought. (More official version of letter of demand)

Question 5

What is the ‘Notice of appearance’ stage of civil pre-trial procedure?

Answer 5

If the defendant wishes to defend the case being brought against them they must lodge a notice of appearance to the court, who will forward it to the plaintiff. This then informs the plaintiff and the court that the defendant intends to defend the claim in court.

Question 6

What is the ‘ Statement of defence’ stage of civil pre-trial procedure?

Answer 6

Solicitor of the defence writes a letter to the plaintiff in response to the allegations made explaining the action they will take to defend themselves including their version of the facts.

Question 7

What is the ‘Counterclaim’ stage of civil pre-trial procedure?

Answer 7

The defendant may choose to take up separate civil action. Claiming the plaintiff has also committed a civil wrong. The two matters are usually dealt with together.

Question 8

What is the ‘ Discovery of documents’ stage of civil pre-trial procedure?

Answer 8

Either party can request that the other party provides access to all parties documents and other relevant information/evidence. It allows the opposing party a chance to copy or inspect the other party’s documents so both parties are aware of the information being presented

Documents presented may include reports from professionals (eg. doctor) written documents, photographs, video recordings, doctors reports ect.

Question 9

What is the ‘Interrogatories’ stage of civil pre-trial procedure?

Answer 9

A list of specific written questions concerning issues of fact that either party can compile and send to the other in writing. The other party must answer these questions in writing usually within a set time frame.Its purpose is to test and clarify evidence

Question 10

What is the ‘ Directions hearing’ stage of civil pre-trial procedure?

Answer 10

The judge and the two parties meet to allows the judge to identify the main issue of a case and give direction to both parties regarding how action should continue.The judge may also direct the parties to attempt mediation or arbitration with or without their consent in an effort to resolve their case faster if they are close to an agreement- saving court time and money.

Question 11

What is the ‘ notice of trial/pre-trial conference’ stage of civil pre-trial procedure?

Answer 11

….

Question 12

What is the purpose of civil remedies?

Answer 12

To store a party whose rights have been infringed back to their original position. This not always possible therefore in practice civil remedies generally aim to provide adequate compensation for the loss faced.

Question 13

What are damages?

Answer 13

An amount of money paid by the defendant to the plaintiff in settlement of their claim. They are the most common type of remedy.

Question 14

What are the four kinds of damages? (cnce) (connies niece comes everywhere)

Answer 14

1. Compensatory damages
2. Nominal damages
3. Contemptuous damages:
4. Exemplary (punitive) damages

Question 15

What is an injunction?

Answer 15

A court order against the losing party that either prohibits them from performing a particular act (restrictive/prohibitive injunction) or compels them to perform a particular act (mandatory injunction) in an attempt to rectify a damaging situation

Question 16

What are compensatory damages?

Answer 16

Compensatory damages that aim to compensate the plaintiff directly for an injury suffered, to the extent that money can do. Two types:
Specific damages- for readily identifiable costs which monetary value can easily be calculated. Eg. medical expenses or loss of income
General damages- Paid to the plaintiff for ‘non-quantifiable losses” eg. loss of enjoyment of life

Question 17

What are nominal damages?

Answer 17

Nominal damages: When a plaintiff seeks a small amount of damages to make a legal point about being in the right.Commonly used in cases of defamation
Eg.Taylor swift sexual assault case: suing to make a legal point not for compensation.

Question 18

What are contemptuous damages?

Answer 18

Contemptuous damages: Purpose is to show contempt for a plaintiff’s claim. Plaintiff may be legally right, but not morally. Common in defamation

Question 19

What are exemplary (or punitive)damages?

Answer 19

Exemplary (punitive) damages- the only remedy which aims to punish and deter the defendant. Used in situations where conduct is malicious, violent, cruel, or disregarding one’s rights.