One civil pre-trial procedures Mrs Sou and Ivy would have gone through is the discovery phase. The discovery phase is designed to gain more information and raise any questions of fact. It involves the interrogatories stage, where one party can serve specific written questions to the other concerning issues of fact, which can be used later to check witness evidence. In the discovery and production of documents stage, either party can request any documents from the other that may aid them in their case, such as a contract. These aim to help parties reach a decision prior to trial, as they will realize through the exchange of documentation who is in the right and reach an out of court settlement. If not, these documents allow for only those issues still in dispute to be risen in court, which should inevitably lower time and costs.
a.) Mrs Sou is suing Ivy for compensatory damages. Briefly explain ‘damages’. Damages is a sum of money granted to a plaintiff in a civil case to restore him or her to the position they were in before the defendant caused them harm as a result of a civil wrong.
b.) Using examples from the case study, describe the different types of compensatory damages.
o Specific damages can be given a precise monetary value. These can be listed – such as medical expenses or loss of wages (in this case Mrs Sou is claiming $150,000 for loss of wages) and are easily quantifiable.
o General damages are assessed by the court according to the magnitude of the wrong done and long-term consequences of the wrong, taking into consideration such matter as future loss of wages, long-term job prospects and pain and suffering (in this case Mrs Sou is claiming $150,000 for pain and suffering).
o Aggravated damages can be awarded to compensate the plaintiff further if the court believes that the defendant’s conduct injured the plaintiff’s feelings by causing humiliation and insult (in this case Mrs Sou is claiming $150,000 for humiliations).
c.) One element of an effective legal system is having effective access to the legal system. Select ONE aspect of civil procedures to illustrate:
- How this aspect helps to achieve this element
- How this aspect can limit the achievement of this element
- Describe a possible solution to this problem (using examples of recent and/or recommendations for change).
d.) How does the purpose of criminal sanctions differ from the purpose of civil remedies?
that all i got but i think its too detailed.
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