Unit 3 AOS 3b Flashcards
(8 cards)
Reasons for Civil Court Hierarchy
Appeals: If there are grounds for it a dissatisfied party can take the matter on appeal to a higher court. This allows for fairness, and an opportunity for any mistakes mad by the judge to be corrected. If there were no hirgher and lower courts there would be no higher courts to appeal to.
Administrative Convenience: Allows for the ditribution of cases according to their seriousness and level of complexity. Less complex/serious cases are more common, so it is convenient for them to be delt with by the Magistrates’ court. More complex/serious matters are heard in the higher courts because they take longer to hear and should be heard by experts in that field allowing for an efficient court sytem.
Roles of Key personnel in civil dispute
Judge or Magistrate:Enforces rules of evidence and procedure equally, decides questions of law, directs the jury if there is one. Also decides a verdict and remedy if no jury. Judges may also make any order that they believe will help lead to a just, prompt and economical resolution of a dispute.
Jury: Deliver a verdict and sometimes a remedy, objectively listen to evidence and assess it, follow instructions from a judge, and deliberate until they reach an outcome.
Parties: gather and present evidence and arguements to the decision maker.(party control) Plaintiff attempting to prove defendant caused harm to them on the balance of probabilities. Defence will test evidenc of plaintiff and may present own evidence to dispute the arguements of plaintiff.
Both subject to overarching obligations.
Overarching obligations
Applies to legal practitioners and both parties.
* Act honestly
* Have proper basis on their claim
* Only take steps to resolve the dispute
* Cooperate
* Not mislead or decieve
* Use reasonable endavours to resolve
* Narrow the issues
* Ensure costs are reasonable
* Minimise the delay
* Disclose the existence of documents
Need for legal practitioners
Solicitors: Provide administrative support and manage the case overall, help the barrister
Barristers: Present the case within the trial
Role: Use their legal expertise to support their case and advise their client on the best steps to resolve the matter. Manage and engage in pre-trial processes, support teir party at mediation if ordered.
Need: Help parties navigate the complex and stressful nature of civil dispute (access)
Ensures both parties presnt their case in the best possible light (fairness) (access)
The expertise should increase efficiency in the system pre trial processes (access)
If both parties case is presented in the best possible light this ensures their is no disadvantadge or disparity. (equality)
Class Action
Are when a group of 7 or more people (the ‘class’) that have sufferred the same or simliar harm from the defendant bring a civil action together in name of a lead plaintiff as one proceeding rather than intiating seperate proceedings.
group members do not pay legal fees. Most class actions are usually funded by litigation order or law firm.
automatically included unless you opt-out. If no opt out you cannot sue the defendant yoself.
Why
Gets more people to engage in the justice system as people included in the class may not have had the money to sue individually. (access)
By not managing multiple claims and running multiple trials on the same issue this will save time and reduce delays for other matters as well. (access)
Seperate claims could be heard across seperate courts or institutions which could lead to inconsistent outcomes (equality).
The court will oversee any settlement which should limit unfair outcomes. (fairness)
Unfair because litigation orders and law firms take lots of money frome damages awarded so thenright outcome is not achieved as not enough money is given to the class to accompany the harm or suffering they ahve recieved.
Costs and time
The costs of pursuing civil litigation can be exceedingly high, a burden for both parties.
Extensive processes and procedures add to fairness, however also have a negative affect
Discovery, in particular, can be abused by one party to add time to the dispute
Damagaes and Injunctions
Remedies
General Purpose: to return the plaintiff to the original position they were in before their rights were infringed.
Damages: A legal remedy involving an amount of money paid to the plaintiff. The purpose is to compensate the plaintiff to the extent that money is able to do so
Injunctions: An injunction is a court order that either prevents the defendant from doing something (a restrictive injunction), or compels the defendant to do something (a mandatory injunction). injuctions can be:
Temporary (interlocutory injunction)- granted before trial when the issue is urgent and cannot wait until trial commences.
Permanent (perpetual injunction) - awarded at the end of a trial if the plaintiff is successful. Remains in force ‘in perpetuity’ (until revoked or altered by a later court).
purpose of injunctions is to stop an ongoing harm that is occurring, or force a party to rectify a harm they have caused through some kind of action
damages and injuncitons achieving
Does achieve Damages:
specific damages can be calculated to the exact cost
Loss of wages is also easy to calculate
Most people like money, so they are happy with is as a form of compensation
Doesn’t
can only compensate for the infringement, and doesn’t take into account the time-consuming and stressful nature of court proceedings
There are certain things that money is unable to fully account for, such as suffering, loss of function, future earnings (how long do you pay them for?)
Does achieve Injunctions
Mandatory injunctions are able to order a defendant to fulfil an obligation, like a contract, therefore restoring the plaintiff to their original position
Restrictive injunctions are able to prohibit someone from doing something, meaning they cannot continue to harm the plaintiff, which returns them to their original position (no harm)
Doesnt achieve
If a defendant refuses to comply with an injunction, it will create more court time and stress for the plaintiff
Compared to damages, the plaintiff might not receive any tangible compensation or benefit from the case, meaning they may not be returned to their original position
