Chapter 8

 Burden of proof – plaintiff  Standard of proof – balance of probability  The case is called and an appearance is entered  Empanelling a jury

 Optional  Can be requested by either party if it is an action founded on contract or tort  Jury fees paid by the plaintiff  If defendant request jury then defendant to reimburse fees to plaintiff within 14 days  6 jurors in County or Supreme Court (2 additional jurors)  Each side 3 peremptory challenges and unlimited challenges for case  Decides which party is wrong on balance of probability and decide on the amount of damages

 Plaintiff’s case – opening address – calling witnesses – examine witnesses  View – judge and parties meet at scene  Submission of no case to answer  Defence’s case – opening address – call witnesses – final address  Final address by the plaintiff  Judges summing up  Verdict

 Aim of civil remedies is to restore the injured party to the position they were before the harm occurred.

 Compensatory damages – restore the party whose rights have been infringed to the position they were in before the infringement 1. Specific – precise value - medical 2. General – long term eg lost wages/pain and suffering 3. Aggravated – injured feelings humiliated  Nominal damages – small amount of money  Contemptuous damages – court feels plaintiff has legal right but no moral right  Exemplary damages – punitive or vindictive

 Restrictive/prohibitive  mandatory

 Order of specific performance  Specific restitution  Costs and interest Enforcement procedures  Warrant of seizure and sale  Attachment of debts  Attachment of earnings  Charging summons  sequestration

 Read and summarise 429 to 446  Focus heavily on the Evaluation of the legal system pages 440 to 446