The Judgement and Civil

Remedies
 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 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.

 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.
Civil Remedies
 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.

 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.

 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.

 Receipts are vital to help determine the
exact value.
3. Punitive Damages
 Also known as Exemplary Damages

 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.
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)

 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.

 Nominal damages represent a moral
victory.
Injunctions
 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.

Injunctions
 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.
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.