Law 12MUNDY, 2008

CIVIL LAWJUDGEMENTS

Delivery of JudgementIn 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 RemediesThe purpose of civil law, as you’ve learned,

is compensationCompensation 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 DamagesSpecial DamagesPunitive DamagesNominal Damages

General DamagesIn cases of accidents, calculating what

damages have occurred is difficultPermanent 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 CategoriesPECUNIARY LOSSES – losses such as future

job earnings and costs of future careNON-PECUNIARY LOSSES – loss of

enjoyment of life, pain and suffering, and the shortening of the victim’s life

General Damages – Pecuniary LossesFactors to consider by judge when deciding

to award a pecuniary loss:Plantiff’s earning capacityPlanfiff’s potential earning capacity (if

enrolled in school leading to particular career)

% of which this capacity has been reducedPlantiff’s life expectancy

Longer plantiff is expected to live, larger the damages awarded

General Damages – Pecuniary LossesDifficult to calculate for youthExample – 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 LossesDamages for future care are meant to

cover:

Professional helpEquipmentFacilities necessary for the injured plaintiff

(care home or modifications to current residence)

General Damages – Non-Pecuniary LossesMeant for loss due to pain and suffering,

enjoyment of life, shortening of victim’s lifeDifficult to determine price to be paid for

these types of damagesAlthough 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 LossesCivil courts attempt to give similar amounts

to similar non-pecuniary loss situationsIn 1975, $100 000 for most serious type of

injuries (severe, life-long physical incapacity)

Today that amount has been raised to $250 000.

Special DamagesGiven to plaintiff if there is a need for

deterrence Based on violent acts that require a

punitive action to take place by the courtNot 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