U3AOS2a Flashcards
(102 cards)
1
Q
What are civil disputes?
A
Civil disputes = a disagreement between two or more individuals whereby one group party makes a claim against another usually, claiming a loss.
2
Q
What is the purpose of civil law?
A
To enable a party to enforce their rights
To determine whether the defendant is liable
To award a remedy and return the plaintiff to their original position (as much as possible)
3
Q
Define: Sue
A
To take civil action against another person claiming that they have infringed some legal right of the plaintiff or did something wrong that negatively affected the plaintiff.
4
Q
Define: Litigation
A
Commencing a civil action in court — normally begins by seeking legal representation and filing of a writ.
5
Q
Define: Liable
A
Finding that one party is responsible for the other’s loss/infringement.
6
Q
Define: Remedy
A
Orders made by a court or tribunal to address a civil wrong or breach — designed to restore the plaintiff back to their original position.
Remedies can be in the form of injunctions or damages.
7
Q
Examples of types of civil disputes
A
Negligence
Defamation
Breach of contract
8
Q
Who are the parties in a civil dispute?
A
The plaintiff = the party who commences the civil action and claims their rights have been infringed or a wrong has occurred.
The defendant = the party who is alleged to have infringed the plaintiff’s rights or is alleged to be responsible for the wrongdoing.
9
Q
Who can be a party to a civil dispute?
A
An individual (suing or being sued)
A group of individuals
A corporation (Pty Ltd or Ltd companies)
The Commonwealth, a state, or a government agency or body
10
Q
What is vicarious liability?
A
The legal responsibility of a third party for the wrongful acts of another.
Example: an employer’s liability for what their employees did.
11
Q
What is the burden of proof in civil law?
A
The burden of proof in civil law rests upon the plaintiff.
This follows the principle that the party who brings the case must satisfy the decision maker (usually the judge) that their claim is supported by facts.
12
Q
When might the burden of proof rest with the defendant?
A
If the defendant chooses to file a counterclaim (the defendant must prove their claim)
If the defendant raises a defence (e.g., contributory negligence)
13
Q
What is the standard of proof in civil law?
A
The plaintiff must prove their case based on the balance of probabilities; that is — that it is more probable or more likely than not that their claim is true.
It is a less strict standard than beyond reasonable doubt.
14
Q
What are the avenues for dispute resolution in civil law?
A
Complaints bodies: government funded, statutory bodies investigating complaints (e.g., Consumer Affairs Victoria, Victorian Ombudsman)
Tribunals: operate like courts for certain matters, cheaper and quicker (e.g., Victorian Civil and Administrative Tribunal — VCAT)
Courts: Victorian courts or federal courts
15
Q
What affects whether a dispute resolution body can resolve a civil dispute?
A
Whether or not dispute resolution bodies are able to resolve a dispute will depend on their jurisdiction and powers.
16
Q
What are three factors to consider before initiating a civil claim?
A
Cost
Limitations of actions
Enforcement issues
17
Q
Why should factors be considered before initiating a civil claim?
A
Initiating a civil claim, when using the courts, can be time consuming, complex and expensive.
Parties should consider these factors and weigh up their options prior to initiating a claim because they may not be able to recover their loss or the claim could end up costing more than their original claim.
18
Q
What are cost factors in civil disputes?
A
Fees for legal representation: solicitor, barrister, depending on complexity; senior barristers charge $600 p/h, KCs charge $1000 p/h.
Disbursements: outside legal representation, includes court filing fees, hearing fees, jury fees, expert witnesses, mediation fees.
Adverse court orders: the losing party may have to pay the winning party’s legal costs.
19
Q
What are disbursements?
A
Other expenses incurred as part of preparing for the case outside of legal representation.
Examples: court fees, expert witnesses, mediation fees.
20
Q
What are adverse court orders?
A
The legal requirement that one party pays for the other party’s legal costs.
General rule: the successful party should have their legal costs paid by the losing party.
21
Q
What is a limitation of actions?
A
A restriction on the time limit in which a plaintiff must commence a civil action in court, after which time the plaintiff is unable to bring an action relating to the civil wrong against the defendant.
22
Q
Which law outlines limitation periods for civil claims?
A
Limitations of Actions Act 1958 (Vic)
23
Q
Why does the limitation of actions exist?
A
Encourages parties to bring disputes to court in a timely manner
Ensures witnesses’ memories remain accurate
Ensures quality of evidence remains high
Ensures defendants do not have to defend actions after significant time
24
Q
Can the limitation period be extended?
A
Yes.
Extensions are allowed if:
The plaintiff had a disability
Harm was discovered later (e.g., asbestos exposure)
Extension is at the discretion of the judge.
25
What are enforcement issues in civil disputes?
A factor that involves the plaintiff considering that if they are successful in their claim, can their claim be enforced on the defendant (e.g., if the defendant can fulfil their legal obligation).
26
When might enforcement issues arise?
Defendant is an individual who is bankrupt or unemployed
Defendant is a company with no assets
Defendant is overseas or in prison
Defendant is unknown or cannot be identified
27
What are the three principles of justice in civil disputes?
Fairness
Equality
Access
28
What does fairness mean in civil disputes?
Fairness refers to:
Impartiality
Open processes
Participation
29
How is impartiality promoted in civil disputes?
The plaintiff can have an independent and impartial adjudicator preside over their dispute — judge, mediator, magistrate or arbitrator.
Should a plaintiff wish to have a jury, they will be entitled to having a jury of 6 decide the outcome if the matter is heard in the County or Supreme Court.
The judge and jury must reach a decision based upon the facts and evidence presented, not their own bias.
The Civil Procedure Act 2010 (Vic) ensures rules of preparing and presenting a case are applied to both sides (e.g., narrowing legal issues, disclosure during discovery, judges’ powers).
30
How are open processes promoted in civil disputes?
Disputes that use courts are open to the public, including court judgments, promoting transparency and accountability.
Mediation and conciliation may be private, leading to less open processes.
Jurors do not have to give reasons for their decision, which may cause inconsistency.
31
How is participation promoted in civil disputes?
All plaintiffs have the right to lodge a claim against a defendant or decide not to pursue it.
Plaintiffs can use different dispute resolution avenues (courts, mediation, conciliation, arbitration, tribunals, complaints bodies).
Some avenues do not require legal representation, making participation easier.
Pre-trial civil procedures (e.g., pleadings, discovery) give both sides information about the case to prepare.
Both parties have the same opportunity to present their case to a judge and jury during trial.
32
What does equality mean in civil disputes?
Equality aims to ensure uniform treatment of all individuals in the civil justice system.
If this creates a disadvantage, extra measures should be implemented to allow everyone to engage with the system.
33
How is equality promoted through same treatment?
All parties can initiate a claim if they can demonstrate an infringement of their rights and loss.
All parties can have an independent adjudicator preside over their case.
All parties must engage in the same pre-trial procedures.
All parties are encouraged to negotiate before and during trial.
All parties in superior courts can request a jury if they can pay.
All parties can engage in legal representation.
34
How is equality promoted through different treatment?
Judges/magistrates can explain rights and processes to self-represented parties.
Organisations like VLA and CLCs provide support to vulnerable groups.
Interpreters assist people with limited English.
35
What does access mean in civil disputes?
Access aims to ensure that everyone can engage in the civil justice system and its proceedings with adequate knowledge, allowing them to understand their legal entitlements and the steps involved in their civil disputes.
36
How is access promoted through engagement?
A range of dispute resolution methods are available (ADRs, tribunals, CAV, courts).
Some disputes are resolved via online hearings.
Financial access: CAV and VCAT provide free or low-cost services.
Class actions allow group members to share costs.
Legal representation is often not needed unless engaging courts.
Range of options reduces court congestion.
37
How is access promoted through an informed basis?
Specialist CLCs help vulnerable groups (e.g., AED Legal Centre for employees with disabilities).
Consumer Affairs Victoria provides free online information and conciliation.
Online resources like VCAT, Victorian Legal Aid, and Victorian Ombudsman provide rights information.
However, self-help requires some education and communication skills.
38
What is mediation?
Mediation = One of the least formal methods for resolving civil disputes that can occur outside and within the court system.
Involves the parties willing to cooperate to reach a solution
Through the assistance of an impartial third party (mediator), the parties:
Sit down to discuss the issues involved
Consider options
Try to reach an agreement through negotiation and compromise
Legal representation is generally not used to promote informality, but can be used
No strict rules of evidence and procedure
Conducted privately (e.g., office, court, Dispute Resolution Centre of Victoria)
Any decision is not legally binding unless a terms/deed of settlement is signed
39
What is a terms/deed of settlement?
A legally binding document that outlines the terms that the parties have agreed to after mediation, enforceable through courts if one party does not comply.
40
When is mediation used?
Before court:
Used by parties before court if maintaining relationship and saving cost are important (e.g., neighbours, landlords/tenants, family members)
During court:
Magistrates’, County and Supreme Courts can order parties to mediation during pre-trial
Mediation can be ordered without parties’ consent
Associate judges can mediate (judicial mediation)
Alternative to court:
VCAT often refers matters to mediation
Private mediation available through Dispute Settlement Centre of Victoria
41
When is mediation appropriate?
Parties have an ongoing relationship to maintain
Parties willing to discuss and compromise
Matters involving disputes over money, property, contracts
42
When is mediation inappropriate?
Parties unwilling to discuss issues
Power imbalance (e.g., domestic violence)
Urgent matters (e.g., injunctions)
Matters involving violence, criminal allegations
43
What is conciliation?
Conciliation shares all the same elements as mediation except that:
The conciliator listens to the facts and evidence presented and makes suggestions about ways to resolve the dispute
The conciliator is usually a specialist in the relevant field (e.g., consumer law, family law, workplace relations)
44
When is conciliation used?
Although courts can order conciliation, it is more commonly used in tribunals (e.g., VCAT) and complaints bodies (e.g., CAV)
45
Why might a party choose conciliation over mediation?
They want a neutral third party with expertise to suggest options for resolution.
46
Why might a party not choose conciliation?
They do not want a third party to influence the decision-making process.
47
When is conciliation appropriate?
Where a party wants expert advice on likely outcomes.
Parties willing to compromise and discuss options.
Less complex disputes.
48
Strengths of mediation and conciliation (fairness)
Promote fairness because the parties are able to reach an outcome themselves without strict application of law.
Both sides can express views.
49
Strengths of mediation and conciliation (equality)
Promote equality because the impartial third party assists both sides equally.
Accommodates different needs (e.g., no formal language or procedures).
50
Strengths of mediation and conciliation (access)
Promote access because they are low-cost, quicker, and less formal than court.
Accessible for unrepresented parties.
51
What is arbitration?
Arbitration = One of the most formal “alternate” methods of dispute resolution outside of courts.
Involves an independent third party known as the arbitrator who listens to both sides.
The arbitrator makes a legally binding decision on both parties — known as the arbitration award.
Arbitration is conducted privately, can be less formal and more cost-effective than attending courts.
Commonly used for commercial disputes, particularly when a contract specifically requires arbitration to resolve disputes.
52
How is arbitration different from court?
Not bound by the rules of evidence. The arbitrator may inform themselves on matters they see fit.
The procedure is less formal.
Arbitration decisions are legally binding.
53
When is arbitration used?
Private arbitration:
Can be arranged by parties themselves, usually for commercial disputes.
Often specified in contracts that disputes will be settled by arbitration.
Court arbitration:
Small claims in Magistrates’ Court (under $10,000) are obliged to be referred to arbitration.
In County and Supreme Court, arbitration can occur if both parties consent.
Tribunal arbitration:
VCAT can refer parties to arbitration before the final hearing (but VCAT does not conduct the arbitration).
54
When is arbitration appropriate?
Parties agree to arbitration or it’s specified in the contract.
When the matter is small and under $10,000.
If parties want a legally binding decision but prefer a private, more confidential resolution.
55
When is arbitration inappropriate?
If one party refuses to agree to arbitration.
Matters that require public transparency or judicial determination.
Cases where there’s an imbalance of power between the parties and one is unable to properly present their case.
56
What are the advantages of arbitration?
Fairness: The arbitrator is impartial, and the decision is binding.
Equality: Both parties have equal opportunity to present their case, with flexibility in the process.
Access: Generally quicker and more cost-effective than court.
57
What are the disadvantages of arbitration?
Can be costly, especially for complex disputes where professional arbitrators are involved.
Limited opportunity for appeal once a decision is made.
May not provide the public accountability seen in court judgments.
58
How does the arbitrator’s decision affect the parties?
The decision (arbitration award) is legally binding and enforceable in the same way as a court judgment.
59
What is the civil court hierarchy?
The civil court hierarchy refers to the different levels of courts with different jurisdictions, each handling civil disputes of varying complexity.
60
Why is there a court hierarchy?
Administrative convenience: The ability to distribute resources more effectively by organising disputes according to how serious or complex they are.
Appeals: Allows for dissatisfied parties to appeal decisions made by lower courts.
61
What is administrative convenience?
Administrative convenience refers to the ability of the courts to distribute resources effectively by organising disputes based on complexity.
Higher courts handle more serious, complex cases.
Lower courts can quickly resolve minor disputes, reducing delays for those cases.
62
Why is administrative convenience important?
Ensures that more time and resources are devoted to complex cases in superior courts, without delays caused by minor cases.
Allows lower courts to efficiently handle less serious cases.
63
What would happen without a court hierarchy?
Without a hierarchy, courts would be overwhelmed, leading to delays.
Minor cases would clog up superior courts, preventing timely resolutions for more complex disputes.
64
What is appeal in the context of the court system?
An appeal is a legal process that a dissatisfied party may pursue to have the court’s decision reviewed by a higher court.
A party must apply for leave to appeal.
Appeals may be based on errors of law or fact, or dissatisfaction with the remedy awarded.
65
What are the grounds for an appeal?
Questions of law: Arguing that the law was applied incorrectly (e.g., accepting inadmissible evidence or using the wrong legal test).
Questions of fact: Arguing that the facts of the case were applied incorrectly (e.g., failure to consider all relevant evidence).
The remedy awarded: Arguing that the remedy given was unjust or too harsh.
66
What is the High Court’s role in appeals?
The High Court of Australia can hear appeals from decisions of the Supreme Court, Court of Appeal.
However, parties dissatisfied with the Court of Appeal’s decision do not automatically have the right to appeal to the High Court.
The High Court only grants leave to hear appeals if the case raises questions of law of public importance or if there are differing opinions on the law.
67
What is the jurisdiction of a court?
Jurisdiction refers to the authority a court has to hear and decide on cases.
Original jurisdiction: The court’s authority to hear a case for the first time.
Appellate jurisdiction: The court’s authority to hear appeals from lower courts.
68
What is original jurisdiction?
Original jurisdiction refers to the authority of a court to hear a case for the first time.
For example, the Magistrates’ Court hears most civil disputes under $100,000.
69
What is appellate jurisdiction?
Appellate jurisdiction refers to the authority of a court to hear appeals from lower courts.
For example, the Supreme Court (Court of Appeal) has appellate jurisdiction to hear appeals from the County and Supreme Courts.
70
Why is a court hierarchy important for appeals?
The court hierarchy allows for decisions to be reviewed by higher courts, ensuring that errors can be corrected and the law is applied consistently.
It also helps to distribute workload across courts, ensuring timely decisions for all cases.
71
Who are the key personnel in a civil courtroom?
The Magistrate/Judge
The Jury
The Parties
72
What is the role of the judge in a civil courtroom?
The judge is an independent authority who presides over a trial, ensuring procedural fairness by overseeing all personnel and evidence.
In County and Supreme Courts, judges are referred to as “justices” (e.g., Justice Smith).
In the Magistrates’ Court, the presiding officer is known as the magistrate.
73
What is the magistrate’s role in a civil courtroom?
A magistrate presides over hearings in the Magistrates’ Court, dealing with less serious summary offences and civil disputes.
Magistrates ensure fairness by managing the trial, applying the rules of evidence, and ensuring the law is correctly followed.
74
What are the key functions of the judge during a civil trial?
Case management: Ensuring the case is ready for trial and managing pre-trial procedures (e.g., discovery, pleadings).
Ensuring fairness: Overseeing the trial process, ensuring the law is followed, and all parties are treated fairly.
Determining liability: In the absence of a jury, the judge determines whether the plaintiff has proven their case.
Awarding remedies: Deciding the appropriate remedy (e.g., damages, injunctions).
75
What is the role of the jury in civil cases?
A jury is used in some civil trials to determine liability and award remedies.
In civil trials, 6 jurors are typically used.
Juries do not have to give reasons for their decisions, which may lead to inconsistencies.
76
When is a jury used in a civil trial?
A jury may be requested by a party in civil trials heard in County or Supreme Court.
The jury is used to decide liability and the remedy to be awarded, but not for defamation cases.
77
What is the role of the parties in a civil trial?
Plaintiff: The party that commences the civil action and claims their rights have been infringed.
Defendant: The party that defends against the claim, arguing they are not liable for the alleged infringement.
The parties present evidence, call witnesses, and may cross-examine the other party's witnesses.
78
What is the party control in a civil trial?
Both parties have control over how they present their case, including:
Choosing the court
Deciding on evidence and witnesses
Raising defences or counterclaims
79
What is the role of the judge in managing a civil trial?
The judge manages the trial to ensure it runs smoothly, including:
Ensuring procedure is followed (e.g., plaintiff presents their case first).
Limiting cross-examination: Judge can stop irrelevant questions.
Clarifying evidence: Judge may ask witnesses questions.
Ensuring fairness: Making sure both sides have a fair chance to present their case.
80
How do judges maintain impartiality in a civil trial?
Judges must remain neutral and unbiased, acting as an umpire.
They ensure decisions are based on facts and law, not personal opinions or bias.
Judges are responsible for making sure both parties follow the legal procedures and presenting relevant evidence.
81
Different roles of legal representatives
As an initial step to civil proceedings, both plaintiff + defendant may seek guidance from a solicitor.
Solicitors = legal practitioners who primarily advises clients about legal matters, prepares legal documents for trial, communicates with the other party’s legal representation, researches the relevant laws + engages in the services of a barrister and briefs them to represent the client.
Should the matter proceed to trial, a barrister is generally used in conjunction with a solicitor.
Barristers = a self-employed lawyer who regularly appears in court and is responsible for representing a party at trial through making legal arguments, questioning of witnesses, summarising the case for the judge/jury.
Barristers may also be used to present their client’s case in out-of-court settlements such as mediation, conciliation or arbitration
82
Why are legal representatives needed in a civil trial?
Legal representatives are needed in a civil trial to advise their clients of their rights, provide objectivity and support:
Gaining legal advice from a lawyer will allow a party to better understand their rights + obligations to make an informed decision
Lawyers can read through past cases to assist their clients determine the likelihood how of their matter may be resolved
Being a party to a civil dispute such as one that involve family matters can be an emotional experience for parties involved. Having a lawyer to confide in can be comforting for an individual throughout the legal process.
Unlike parties in a civil dispute who may be emotionally invested in the dispute’s outcome, especially if the civil dispute relates to sensitive matters such as discrimination or family issues, a lawyer will be able to look at the dispute through an impartial lens. This objectivity can allow lawyers to better perceive the strengths + weaknesses of their client’s and opposing party’s case
83
How do legal representatives handle evidence and procedure?
Back:
Legal representatives are needed in a civil trial to present evidence + cross examine witnesses:
Presenting evidence + cross examination requires procedural standards to be abide by to ensure irrelevant questions are not being asked. Therefore, a barrister who is familiar with such rules will be able to ask relevant questions of witnesses and present compelling evidence to support their client
The Family Law Act 1975 prevents the cross-examination of one another in family matters when violence has previously occurred. Therefore, VLA must appoint a lawyer to represent the party that is banned from cross-examination.
Ensure documents are properly drafted and handled:
In civil disputes affidavits + subpoenas may be required to receive evidence relevant to the case. Those who are not familiar with court proceedings may struggle to ensure such documents are handled
Once a dispute has finished, ensuring that a legally-binding agreement may be formed. A lawyer can ensure this agreement is binding on both parties and that the agreement is not unfair to their client.
Affidavit = a written record of a person’s evidence that includes facts relevant to the case
Subpoena = a document issued by a government body, such as a court, that orders a person to provide information that can be used as evidence in a case
84
What legal assistance is available for low-income or vulnerable parties?
VLA:
It may be more difficult for low socio-economic parties in a civil dispute to gain assistance from VLA.
VLA may grant legal assistance to the plaintiff in a civil dispute if the amount of their claim is $5 000 or more and, a defendant may also receive assistance if all the following factors apply:
The claim is more than $5 000
The defendant’s sole home is at immediate risk in the action
There is a strong prospect that the defendant can defend the action
CLCs:
AED Legal Centres in Melbourne assists people with disabilities who have employment and education related legal problems such as unfair dismissal
Disability Discrimination Legal Service in Melbourne assists people with disability discrimination matters
Eastern Community Legal Centres provides free legal advice to people in Melbourne’s Eastern suburbs in civil matters relating to family law, divorce, discrimination, neighbourhood disputes and more
85
What are the strengths of legal representatives in civil trials?
Legal practitioners are experienced professionals, some of whom are specialists in their field (e.g., family law, personal injury law). This allows them to provide litigants with the best opportunity to prepare and present their case in court or resolve disputes using alternative methods.
Efficiency: Legal practitioners avoid delays by quickly researching case law, gathering documents, and having the support of paralegals, unlike self-represented parties who may slow down the trial.
Appeals: Having legal representation increases the chance of a successful appeal, as the lawyer will complete necessary documentation and present the correct arguments.
86
What are the weaknesses of legal representatives in civil trials?
Cost: Legal representation can be expensive, particularly for complex cases, which may limit access to justice for some parties.
Availability: Not all parties may be able to afford legal representation, leading to disparities in the ability to properly present a case.
Over-reliance on professionals: Self-represented litigants may feel disadvantaged if the legal representation of their opponent outmatches them in expertise and resources.
87
What is a no-win, no-fee arrangement?
A no-win, no-fee arrangement is a type of payment agreement where the plaintiff only has to pay legal fees if they win the case.
This can make legal representation more accessible to people who cannot afford upfront costs.
88
What are some limitations to no-win, no-fee arrangements?
The plaintiff may still need to pay disbursements (e.g., court fees, expert witness fees) even if they do not win.
Lawyers may be selective in taking on cases if they believe they have a low chance of winning.
89
What assistance do Community Legal Centres (CLCs) provide?
CLCs provide free or low-cost legal services to individuals who cannot afford private lawyers, particularly in areas such as:
Family law
Divorce
Discrimination
Neighbourhood disputes
Some CLCs specialise in helping people with specific needs, such as those with disabilities or in vulnerable situations.
90
What is Victoria Legal Aid (VLA)?
VLA provides legal assistance to those who cannot afford to hire private lawyers.
VLA may help with civil claims if the amount of the claim is above a certain threshold.
They also provide support for defendants who are at risk of losing their home or are in financial difficulty.
91
What factors influence whether a party can receive legal assistance from VLA?
VLA will consider:
The financial situation of the party (must be low income).
The nature of the claim (e.g., serious or complex cases may have priority).
The likelihood of success and the importance of the case.
92
What are the common stages of civil proceedings?
Pre-trial procedures: This includes pleadings, discovery, and case management.
Trial: The court hearing where both sides present their case.
Post-trial: Any actions following the trial, including enforcement of the judgment and remedies.
93
What is the purpose of pleadings in civil proceedings?
Pleadings are documents exchanged between the parties to clarify the issues in dispute, the claims made, and the defense raised.
The plaintiff files a writ (statement of claim).
The defendant responds with a defense and possibly a counterclaim.
94
What is discovery in civil proceedings?
Discovery is the process where both parties exchange documents relevant to the case.
This helps each side prepare for trial and ensures both parties have access to all relevant evidence.
95
What is the purpose of case management in civil proceedings?
Case management involves the judge making orders to ensure the case moves forward efficiently.
This includes setting time limits for the filing of documents, deciding the issues to be dealt with at trial, and arranging pre-trial procedures like mediation or conciliation.
96
What is the role of pre-trial procedures in civil cases?
Pre-trial procedures help clarify the issues between the parties, ensure both sides are prepared for trial, and encourage the resolution of the case without going to trial.
These procedures often include pleadings, discovery, and mediation or conciliation.
97
What happens during the trial in a civil case?
During the trial:
Both parties present evidence and call witnesses.
The plaintiff presents their case first, followed by the defendant.
The judge (or jury in some cases) makes a decision based on the evidence presented.
98
What is the role of the judge during the trial?
The judge:
Ensures the rules of procedure are followed.
Decides on the admissibility of evidence.
May ask questions of witnesses to clarify issues.
In a civil trial without a jury, the judge will determine the outcome.
99
What is the role of the jury during the trial?
The jury determines the facts of the case and decides whether the plaintiff has proven their claim.
The jury also decides on the remedy to be awarded, except in defamation cases.
100
What is judgment in a civil case?
Judgment is the final decision made by the judge or jury at the end of a trial.
The judge will determine whether the plaintiff has proven their case on the balance of probabilities.
If the plaintiff wins, the judge will also decide the remedy (e.g., damages, injunction).
101
What are remedies in civil cases?
Remedies are orders made by the court to address a civil wrong or breach.
Damages: A financial award to compensate for the plaintiff’s loss.
Injunctions: Orders that require a party to do or refrain from doing something.
102
What happens post-trial in civil cases?
Post-trial activities include:
Enforcement: Ensuring the defendant complies with the court’s decision, such as paying damages.
Appeals: A dissatisfied party may appeal the decision to a higher court.
