Unit 4: AOS 2- Civil Procedure Flashcards Preview

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Flashcards in Unit 4: AOS 2- Civil Procedure Deck (22)
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1

Discuss a recent reccomendation to the civil aspect of the legal system and explain how it contributes to an effective legal system.

One reccomendation to the legal system is the litigation funding and group pleadings in December 2016. The Attorney General asked the VLRC to create a report, This report is to detail a number of issues to ensure that litigants who seek to enforce their rights using the services of litigation funders through group proceedings (class action) are not exposed to unfair risks. This report is due by the 31st of March 2018. This creates a fair and unbiased situation, as the rights of individuals are being protected, due to it ensures plaintiffs more of the damages in a successful case rather than more of the percent of damage going to the litigants.

2

Discuss a recent change to the civil aspect of the legal system and explain how it contributes to an effective legal system.

One recent change to civil procedure is that their was reforms to the appeal system in the Supreme Court of Appeals in 2014. This allowed for a greater capacity of single judges to determine applications which allowed for a timely resolution, inturn contributing to an effective legal system. As well as this change allowed for more appeals to be determined based on the written case and supporting papers, meaning without an oral hearing. This allows for a more timely resolution due to no oral hearings which contributes to the effectiveness of the legal system.

3

Define Pleadings

Pleadings are a series of documents exchanged between the parties. They set out and clarify the claims and the defences of the parties and help to define the issues that are being disputed. Some of these documents include (Writ.....Statement of Claim......Notice of Trial......Statement of Defence.)

4

Purpose of pleadings

-The purpose of pleadings is to require parties to state main claims and defences hence allowing for basic procedural fairness and natural justice by ensuring the other side knows what the claim is about.
-To give the court written record about the case, which allows the court to understand the issues so it can manage the trial and pre trial procedures
-Avoids element of suprise

5

Define Discovery

The discovery stage is where facts and documents are disclosed which form the basis of the claim and defences. The main stage of discovery is also known as the discovery of documents involving each party disclosing the exsistence of and exchanging documents that are relevant to issues in the dispute. These documents may include documents such as medical files.

6

Purpose of pleadings

-The purpose of pleadings is to require parties to state main claims and defences hence allowing for basic procedural fairness and natural justice by ensuring the other side knows what the claim is about.
- To give the court a written record of the case, which allows the court to understand the issues so it can manage in trial and pre-trial procedures.

7

Purpose of directions hearing

-To give directions in the proceedings to ensure an effective, complete, prompt and economical determination of the case.
-Allows for a timetable to be set for future steps in the pre-trial proceedings so that the matter can progress towards trial.
-Hear any application for the extension of time to complete particular steps.

8

General Purpose of Damages

To restore the plaintiff back to their original position before the wrong occured.

9

Define Damages

Damages are a civil remedy. Damages are a sum of money granted to the plaintiff, against the defendant in the satisfaction of a claim made by the plaintiff. There are various types of damages such as compensatory which takes the form of special, aggrevated or general, as well as there is exemplorary damages and nominal damages.

10

General Purpose of Damages

To restore the plaintiff back to their original position before the wrong occured.
-Punish the defendant

11

Discuss the ability of damages to achieve their purpose

Damages can satisfy their purpose to a certain extent depending on the suffering and loss that has occured. For example if the wrong caused was purely economical damage to the plaintiff, certain damages are those that can easily be calculated such as bills and fees. Therefore if the loss is purely economical, damages could achieve their purpose.
However if the damage caused to the plaintiff involves damages such as pain and suffering as a result of injury, damages are then unable to achieve their full purpose. Damages can be awarded such as general and aggrevated these are unable to be easily calculated (pain and suffering, loss and enjoyment of life). Therefore the damages cannot fully achieve their purpose for these individuals.

12

Describe injunctions

Injunctions are court orders in which direct an individual to do something or prevent and prohibit them from doing something. mandatory injunctions are those that the court has ordered to direct an individual to do something. Whereas restrictive/prohibitive injunctions are those that the order order that prevent an individual from doing something.
The purpose of injunctions is to rectify a situation caused by a person who was found to be in the wrong

13

Explain the Writ

Explains to the defendant that action is being taken against him or her. Informs the defendant of where the trial will take place and the mode of trial.

14

Explain the Statement of Claim

Statement of Claim is usually attached to the writ. It explains the nature of the claim, the cause of the claim and the remedy or relief sought.

15

Explain the Notice of Appearance

Will be filed if the defendant wishes to defend the action. The purpose is to inform the court and the plaintiff that the defendant wants to defend the claim.

16

Explain the Statement of Defence

Statement of Defence sets our a response to each of the allegations contained in the plaintiff's statement of claim

17

Explain compensatory damages and the three types of compensatory damages

-Most common
-Restore party through losses suffered
Specific: Can be easily calculated precise monetary value i.e medical bills.
General Damages: Magnitude of the wrong and the long term consequences of the wrong i.e future loss of wages.
Aggravated Damages: Awarded to compensate the plaintiff futher if the court believes that the plaintiff's suffering has caused humilation and insult.

18

Explain exemplary damages

Only the consequence of a civil action that in some ways seeks to punish the defendant for an extreme infringement of rights.

19

Explain Nominal Damages

Small amount of money is paid in damages .

20

Explain Contemptuous Damages

Court may feel that the plaintiff has a legal right to damages, but does not have a moral right, that is the plaintiff does not really deserve to be awarded the damages.

21

Define Directions Hearings

A direction hearing is a civil pre-trial procedure that is normally a brief hearing before a judge or an assocaite judge. It provides a chance for the judge or assocaite judge to discuss with te parties the progree of the case and give directions to the parties. This may include setting a tinmetbale for Discovery or ordering parties to mediation.

22

Purpose of discovery

-The purpose of discover is to require the parties to disclose all documents and material to the other sides.
-Reduces the element of surprise
-Ensures all parties have copy of relevant documentation.