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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 plaintiffs 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 defendants behaviour is so

outrageous that it harms the plaintiff (eg. The plaintiff suffers


serious emotional shock due to the defendants 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 courts 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.