1. CIVIL LAW JUDGEMENTS

2. 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

3. 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

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

5. 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

6. 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

7. 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

8. 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?

9. 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)

10. 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

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

12. 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