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In particular, the Commission was requested to examine certain specific points of detail: Damages, Compensation, and Punishment 3. One notable feature of the Attorney General's Reference is that the Commission has been asked to look both at the principles that govern the law, and at the practical question of the efficacy of these categories of damages as remedies.
Therefore, the first objective of the Commission in analysing the law and in making recommendations in this Report must be to ensure that the categories of damages concerned operate on a principled basis that is legitimate, logical and consistent.
What are the goals of an award of aggravated, exemplary or restitutionary damages? Are these goals legitimate and desirable? These questions will be at the core of the Commission's consideration of this topic.
Secondly, the Commission has been asked to look at the efficacy of awards of aggravated, exemplary, and restitutionary damages. To what extent does the present law of aggravated, exemplary and restitutionary damages allow these remedies to achieve their goals?
Are such awards sufficiently moderate, 1 For discussion of these points see Chapter 2 at paras. Questions of the assessment of quantum are relevant here. The Attorney General's Reference highlights the categories of damages that are outside the traditional compensatory pattern of the civil law.
In doing so, it asks broad questions.
First, it raises issues concerning the purposes and functions of damages law as a whole. Secondly, it calls into question the nature of the boundary between the civil and criminal laws, and the role of punishment and compensation on either side of the divide.
Although the traditional concept of civil law damages is that they are purely compensatory, this is not always reflected in the practice of the courts. A more recent tendency is to award damages based on restitutionary principles in some cases. There is a sometimes-blurred distinction between damages intended to compensate for non-pecuniary loss and those intended to punish, as evidenced in some judicial remarks about aggravated damages.
Finally, some large and apparently disproportionate compensatory awards raise questions as to whether damages that are ostensibly designed to compensate, do not in fact contain some punitive elements, on occasion. The Consultation Process 7. As an initial step in examining this topic, the Commission published its Consultation Paper on Aggravated, Exemplary and Restitutionary Damages in April On a number of issues, there were differing views within the Commission as to the necessary reforms to the law, and alternative provisional recommendations for reform were put forward as a basis for consultation.
Alternative recommendations were proposed, for example, on the question of whether, and for what causes of action, exemplary damages should be available in Irish law.
Following the publication of the Consultation Paper, the Commission requested written submissions from interested parties, and held a seminar to discuss the issues raised by the Attorney General's Reference on 28 January The seminar was attended by judges, academics and legal practitioners, as well as other interested parties.Read the Hamilton County Judges case study and please provide a Managerial Report that includes the following: 1.
The probability of cases being appealed and reversed in each of the three different courts. Hamilton County Judges Solution On Managerial Report. Hamilton County Judges 1 Hamilton County Judges try thousands of cases each year within the three major court systems of Common Pleas, Domestic Relations, and Municipal Court.
This is an in depth look at the total cases disposed, appealed, and reversed over a three year measurement period. Kristin Eldridge Photography specializes in maternity, newborn, baby, children, and family photography servicing Long Beach, Orange County, and Los Angeles.
Case: Hamilton County Judges, p. Please provide a Managerial Report that includes: The probability of cases being appealed and reversed in each of the three different courts The probability of a case being appealed for each of the three judges The probability of a case being reversed for each of the three judges The probability of reversal given an appeal for each judge Rank the judges.
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