Civil Trial Reform Flashcards

Flashcards about Civil Trial Reform

Case Management

A 2010 reform to Western Australian civil pre-trial used in the Supreme and District Court, involving a judge taking control of the pleadings.

Aims of Case Management

Promote early dispute resolution, timely resolution of cases, cost proportionality, increased public confidence, and efficient use of judicial resources.

Writ of Summons

Initiates proceedings and notifies the court and the defendant of a legal action.

Memorandum of Appearance

Notifies the plaintiff and the court that the defendant intends to contest the case.

Statement of Claim

An itemized list of claims, facts, harm done and the desired resolution provided by the plaintiff, outlining allegations against the defendant.

Statement of Defence

An itemized list of responses to each claim made by the Plaintiff

Civil Trial Purpose

For each party to present evidence, test evidence, argue the interpretation of the law, and convince the judge that its case is the stronger.

Pleadings

Clarify the issues in dispute during the civil pre-trial procedure.

Letter of Demand

A letter to the other party outlining the issue and the solution being sought; not a formal legal document.

Indorsement of Claim

Outlines the alleged wrong or the 'cause of action' in a writ of summons.

Statement of Claim Details

The document with all the facts and details of the claim served to the defendant within 14 days of memorandum.

Statement of Defence

A document that accepts or challenges claims made in the statement of claim.

Further and Better Particulars

Additional information required by both sides to continue their case, supplementing the pleadings.

Discovery

Each party must provide the other party with a list of documents that are relevant to the case.

Interrogatories

A list of numbered questions which parties seek to question each other facts relevant to the pleadings.

Callover Conference

A meeting where a judge gauges preparedness for trial and to attempt settlement.

Verdict

The judge considers the arguments and evidence to make a judgment in favor of one party on the balance of probabilities.

Remedies

Correct civil wrongs and aim to restore the injured party to the position they enjoyed before suffering the loss.

Damages

Monetary compensation for losses caused by wrongs, including compensatory, nominal, aggravated, and punitive damages.

Nominal Damages

Awarded where a plaintiff seeks acknowledgement of a wrong without monetary compensation.

Appeals

The fundamental right to appeal a decision to a higher court in the court hierarchy.