Civil procedure * trail and post trial

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Chapter 8
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Burden of proof – plaintiff
Standard of proof – balance of probability
The case is called and an appearance is
entered
Empanelling a jury
Optional
Can be requested by either party if it is an action
founded on contract or tort
 Jury fees paid by the plaintiff
 If defendant request jury then defendant to reimburse
fees to plaintiff within 14 days
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6 jurors in County or Supreme Court (2 additional
jurors)
 Each side 3 peremptory challenges and unlimited
challenges for case
 Decides which party is wrong on balance of
probability and decide on the amount of damages
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Plaintiff’s case – opening address – calling witnesses – examine
witnesses
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View – judge and parties meet at scene
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Submission of no case to answer
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Defence’s case – opening address – call witnesses – final address
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Final address by the plaintiff
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Judges summing up
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Verdict
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Aim of civil remedies is to restore the injured
party to the position they were before the
harm occurred.
Compensatory damages – restore the party whose
rights have been infringed to the position they were in
before the infringement
1. Specific – precise value - medical
2. General – long term eg lost wages/pain and suffering
3. Aggravated – injured feelings humiliated
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Nominal damages – small amount of money
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Contemptuous damages – court feels plaintiff has
legal right but no moral right
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Exemplary damages – punitive or vindictive
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Restrictive/prohibitive
mandatory
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Order of specific performance
Specific restitution
Costs and interest
Enforcement procedures
 Warrant of seizure and sale
 Attachment of debts
 Attachment of earnings
 Charging summons
 sequestration
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Read and summarise 429 to 446
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Focus heavily on the Evaluation of the legal
system pages 440 to 446