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Trial Procedures Politics and Law Year 11. Civil Trial Procedures.

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Presentation on theme: "Trial Procedures Politics and Law Year 11. Civil Trial Procedures."— Presentation transcript:

1 Trial Procedures Politics and Law Year 11

2 Civil Trial Procedures

3 Pre-trial Pleadings- writ, statement of claim/defence, notice of appearance, defence and counterclaim. Better and further particulars- interrogatories, discovery. Certificate of readiness for trial

4 Trial Discretion as to use of a jury Plaintiff case Defence case Closing address to the judge Judgement made

5 Trial (cont’d) Remedies: Damages Injunction Order of specific performance Restitution/rescission Awarding of costs

6 Post-trial Recovery of damages Enforcement of judgements Possibility of appeals

7 Criminal Trial Procedures Indictable offence

8 Pre-trial Offence is committed Police investigation, issue of search warrants, phone taps, DNA testing =ARREST. Preliminary hearing(committal proceedings). Remand OR Bail

9 Criminal Trial Procedures Trial

10 Arraignment Empanelling of the jury Prosecution case Defence case Closing address to the jury

11 Trial (cont’d) Jury verdict Not guilty Guilty-remand Judge passes sentence

12 Criminal trial procedures Post-Trial

13 Sentencing in view of the basic principles of sentencing: Retribution Deterrence Rehabilitation Protection

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