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La procedura successiva civile

  • Note di Apprendimento
  • Revisione degli argomenti
    Charles M.
    GB
    Charles M.

    In the post trial stage the court may consider remedies, costs, orders to enforce issues in the case and appeals by losing party. A remedy is sought by plaintiff to correct a civil wrong that has taken place. The purpose of remedies is to restore the matter to the original position. There are various remedies. The most common remedy is damages, followed by injunction. Other types are order for specific performance and specific restitution. Damage is the amount of money paid to the plaintiff and made include bank interest awarded by the court. The main types of damage are: • Compensation damage is the most common. There are two types. Specific or special damage where the damage can be calculated e.g. loss of wages and general damage where the damage cannot be calculated but a general estimate is used e.g. loss of future wages. • Nominal damage where the harm is small and a small sum of money is involved. • Contemptuous damage where the plaintiff has the legal right, but not the moral right. This happens in small defamation cases. • Exemplary damage where a high level of damage is paid to punish a defender or to deter others for extreme infringement of rights such as serious violence. An injunction is a court order that stops someone from doing something or makes someone do something. The purpose of an injunction is to correct a situation where the person has wronged. There are two main injunctions - interim injunction and perpetual injunction. An interim injunction is a temporary injunction until a court decision has been made e.g. to stop someone cutting down trees in a public park. A perpetual injunction is granted after a case is heard such as to stop a newspaper publishing bad articles about footballers in a local team forever. A person who does not comply with an injunction may be in contempt of court. An order for costs may be made. The successful party may request the court that the loser pays costs. Court awards costs at discretion. The judge may also order bank interest to be from the date of the wrong. If the losing party refuses to follow the decision of the court the court may use enforcement procedures. This could mean the seizure of goods or land and their sale to provide for payment, or that a third party who owes the defendant to settle the debt or the taking of money from the defendant's pay packet. Finally an appeal can be made by the defendant to the Court of Appeal on points of law, points of fact or the amount of damages. The Court can hear further evidence, applications for new trials, applications to set aside decisions and cross appeals.

    Nöelle L.
    IE
    Nöelle L.

    Civil trial procedures incurred by the Courts decision like injunctions, restitutions, a Warrant of distress and a Garnishee order which can be paid to the Plaintiff instead.

    John A.
    KE
    John A.

    Some please elaborate this !!! "recognition of legal right of damages but not moral right."

    John A.
    KE
    John A.

    Appeals are entered into only if the parties involved request,otherwise it will be taken that both parties were satisfied with the ruling .

    Peter Awuni A.
    GH
    Peter Awuni A.

    List the post civil trail procedure

    Louis M.
    ZA
    Louis M.

    Civil post-trial or hearing procedure is determined by the original decision made by a court in its civil jurisdiction. The considerations for the court at this stage include the appropriate remedy in the matter and applications for awards for costs. In addition, this stage may see an appeal against the outcome launched by the losing party, and/or enforcement orders for civil cases issued.

    Sione Siotonu F.
    TO
    Sione Siotonu F.

    Civil post-trial procedure determined by the original decision made by court in its civil juridiction.

    Queenielyn C.
    JP
    Queenielyn C.

    Civil post-trial procedure Civil post-trial or hearing procedure is determined by the original decision made by a court in its civil jurisdiction. The considerations for the court at this stage include the appropriate remedy in the matter and applications for awards for costs. In addition, this stage may see an appeal against the outcome launched by the losing party, and/or enforcement orders for civil cases issued. Civil remedies include: Damages Nominal: minor damages where injury or harm is minimal. Compensatory: Special: damages which can be calculated (eg doctor or medical costs); General: damages which cannot be calculated but are based on pain and suffering (eg loss of expected earnings). Exemplary: high level of damages to 'punish' a defendant and/or deter others; Contemptuous: recognition of legal right of damages but not moral right. Injunctions A court order that compels a party to perform or cease the performance of a particular act. Interim injunction: an injunction issued 'in the meantime' until outstanding legal matters relevant to a full hearing of the case have been determined by the court; Perpetual injunction: a permanent injunction. Order of Specific Performance Issued in cases involving breach of contract where a defendant is ordered to comply with an original agreement between two parties. Restitution A court order where a party is made to restore another party to the latter's original position prior to a dispute arising between the two parties (eg return of goods or assets to an original owner). Civil enforcement orders Where a losing party to a civil case refuses to abide by the court's decision, the winning party has recourse to various enforcement orders: Warrant of distress Where a plaintiff seeks settlement of a civil matter by an application for the seizure and sale of a defendant's property. Garnishee order Where a plaintiff seeks settlement of a civil matter by an application for monies owing to a defendant's creditor to be paid directly to the plaintiff instead.

    Christey W.
    US
    Christey W.

    The civil remedies include nominal, compensatory,interim injunction, and perpetual injunction. The winning party has recourde to various enforement orders which are warrant of distress and garnishee order.

    Abraham M.
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    Abraham M.

    What is the Civil post-trial procedure?

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