CIVIL LAW JUDGEMENTS

Delivery of Judgement In small claims court, judgement is typically delivered orally by the judge while all parties are present In higher courts, the judge typically “reserves judgement” meaning, judge will review the case and evidence first and deliver the judgement in both oral and written form at a later date than the close of the trial

Civil Remedies The purpose of civil law, as you’ve learned, is compensation Compensation is meant to remedy an injury or loss that has been suffered in order to return the plaintiff’s state to the same position as before as best as possible Usually the situation cannot be repaired to its original state, so the court often awards damages so that plaintiff can receive a standard of care from now on

Four Categories of Financial Compensation General Damages Special Damages Punitive Damages Nominal Damages

General Damages In cases of accidents, calculating what damages have occurred is difficult Permanent disabilities, inability to work or care for a family, changes to home environment needed to accommodate victim are all factors that need to be awarded damages Hence, judges will in these cases award general damages that gives an estimate of the projected costs involved

General Damages – 2 Categories PECUNIARY LOSSES – losses such as future job earnings and costs of future care NON-PECUNIARY LOSSES – loss of enjoyment of life, pain and suffering, and the shortening of the victim’s life

General Damages – Pecuniary Losses Factors to consider by judge when deciding to award a pecuniary loss: Plantiff’s earning capacity Planfiff’s potential earning capacity (if enrolled in school leading to particular career) % of which this capacity has been reduced Plantiff’s life expectancy Longer plantiff is expected to live, larger the damages awarded

General Damages – Pecuniary Losses Difficult to calculate for youth Example – if plaintiff is a high school student, how would one be able to determine what their future earnings would be calculated at?

General Damages – Pecuniary Losses Damages for future care are meant to cover: Professional help Equipment Facilities necessary for the injured plaintiff (care home or modifications to current residence)

General Damages – Non-Pecuniary Losses Meant for loss due to pain and suffering, enjoyment of life, shortening of victim’s life Difficult to determine price to be paid for these types of damages Although these losses cannot restore victim’s quality of life, they can allow the plaintiff to substitute activities; E.g.- if person can no longer surf, non-pecuniary losses may allow person to enjoy a summer vacation

General Damages – Non-Pecuniary Losses Civil courts attempt to give similar amounts to similar non- pecuniary loss situations In 1975, $100 000 for most serious type of injuries (severe, life-long physical incapacity) Today that amount has been raised to $250 000.

Special Damages Given to plaintiff if there is a need for deterrence Based on violent acts that require a punitive action to take place by the court Not commonly awarded, as accused is usually tried and sentenced already in criminal court However, cases of false arrest would be considerations for this type of damages