The Judgement and Civil Remedies

After the trial the Judge delivers a judgement. After the trial the Judge delivers a judgement. In Small Claims Court, the Judge often gives an oral judgment while all of the parties are still present. In Small Claims Court, the Judge often gives an oral judgment while all of the parties are still present. In higher courts, the Judge “reserves judgment.” (Delaying a decision until all the evidence has been examined). In higher courts, the Judge “reserves judgment.” (Delaying a decision until all the evidence has been examined).

Civil Remedies Damages for the plaintiff’s loss are the remedy most often awarded in tort actions. Damages for the plaintiff’s loss are the remedy most often awarded in tort actions. The intent is to return plaintiff, as much as possible, to the same position they were in before the loss occurred. The intent is to return plaintiff, as much as possible, to the same position they were in before the loss occurred. A major purpose of awarding damages is compensating plaintiffs for the cost of future care and future loss of income. A major purpose of awarding damages is compensating plaintiffs for the cost of future care and future loss of income.

Civil Remedies There are five types of damages, and plaintiffs may be awarded one or more of them. There are five types of damages, and plaintiffs may be awarded one or more of them.

1. General Damages Damages that cannot be calculated easily or precisely and require discretion. There are two main categories. Damages that cannot be calculated easily or precisely and require discretion. There are two main categories. A.) Damages for loss of income and future earnings and the cost of specialized future care. A.) Damages for loss of income and future earnings and the cost of specialized future care. B.) Damages for pain and suffering and for loss of enjoyment of life. B.) Damages for pain and suffering and for loss of enjoyment of life. Money cannot always restore what has been injured or lost; however, it can provide substitutes for pleasure that are no longer possible. Money cannot always restore what has been injured or lost; however, it can provide substitutes for pleasure that are no longer possible.

2. Special Damages Compensate for out-of-pocket expenses already spent before trial because of injuries suffered. Compensate for out-of-pocket expenses already spent before trial because of injuries suffered. Receipts are vital to help determine the exact value. Receipts are vital to help determine the exact value.

3. Punitive Damages Also known as Exemplary Damages Also known as Exemplary Damages These are additional damages awarded to punish the defendant for bad, insensitive, or uncaring behaviour. These are additional damages awarded to punish the defendant for bad, insensitive, or uncaring behaviour. Punitive damages are seldom awarded if the defendant has already been punished in criminal court. Punitive damages are seldom awarded if the defendant has already been punished in criminal court.

4. Aggravated Damages These are awarded when the defendant’s behaviour is so outrageous that it harms the plaintiff (eg. The plaintiff suffers serious emotional shock due to the defendant’s behaviour) These are awarded when the defendant’s behaviour is so outrageous that it harms the plaintiff (eg. The plaintiff suffers serious emotional shock due to the defendant’s behaviour) The main difference between punitive and aggravated damages is the intent. Punitive damages are meant to punish the defendant, while aggravated damages are meant to compensate the plaintiff. The main difference between punitive and aggravated damages is the intent. Punitive damages are meant to punish the defendant, while aggravated damages are meant to compensate the plaintiff.

5. Nominal Damages These are awarded when the Judge wants to indicate support for a plaintiff and awards a small sum – such as $1 to $100. These are awarded when the Judge wants to indicate support for a plaintiff and awards a small sum – such as $1 to $100. Nominal damages represent a moral victory. Nominal damages represent a moral victory.

Injunctions Not all civil actions warrant cash as a remedy. Not all civil actions warrant cash as a remedy. The plaintiff might not like the continued actions of the defendant and is seeking the court’s help to have them stopped. The plaintiff might not like the continued actions of the defendant and is seeking the court’s help to have them stopped.

Injunctions The court can order an injunction to command the defendant to stop the specific behaviour or action. The court can order an injunction to command the defendant to stop the specific behaviour or action. Failure to comply with an injunction might result in a charge for contempt of court, followed by a fine or jail sentence. Failure to comply with an injunction might result in a charge for contempt of court, followed by a fine or jail sentence.

Costs Usually, the losing party in a litigation must pay the court costs. Usually, the losing party in a litigation must pay the court costs. However, the Judge may feel that the plaintiff should bear some of the costs, and these will be deducted from the awards. However, the Judge may feel that the plaintiff should bear some of the costs, and these will be deducted from the awards.