Civil procedure – trail and post trial

1. Chapter 8 Civil procedure – trail and post trial

2. Trial • Burden of proof – plaintiff • Standard of proof – balance of probability • The case is called and an appearance is entered • Empanelling a jury

3. Empanelling 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 • 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

4. Stages • Plaintiff’s case – opening address – calling witnesses – examine witnesses • View – judge and parties meet at scene • Submission of no case to answer • Defence’s case – opening address – call witnesses – final address • Final address by the plaintiff • Judges summing up • Verdict

5. Remedies • Aim of civil remedies is to restore the injured party to the position they were before the harm occurred.

6. Damages • Compensatory damages – restore the party whose rights have been infringed to the position they were in before the infringement • Specific – precise value - medical • General – long term eg lost wages/pain and suffering • Aggravated – injured feelings humiliated • Nominal damages – small amount of money • Contemptuous damages – court feels plaintiff has legal right but no moral right • Exemplary damages – punitive or vindictive

7. Injunction • Restrictive/prohibitive • mandatory

8. Other orders • 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

9. Home work • Read and summarise 429 to 446 • Focus heavily on the Evaluation of the legal system pages 440 to 446