CLEBC - Practice Manuals

Chapter 1.01: From Election of Jury Trial to Commencement of Trial

(Current to: December 01 2018)

Chapter 1.02: Procedure Before the Jury

(Current to: December 01 2018)

Chapter 1.03: Review of the Jury’s Verdict

(Current to: December 01 2018)

Chapter 2.01: Opening Comments to the Jury—Comments to the Jury Panel at the Opening of the Trial

(Current to: December 01 2018)

Chapter 2.02: Opening Comments to the Jury—Comments to the Jury Before the Trial Commences

(Current to: December 01 2018)

Chapter 3.01: Abbreviated Instructions

(Current to: December 01 2018)

Chapter 4.01: Introductory Instructions—Outline of Instructions

(Current to: December 01 2018)

Chapter 4.02: Introductory Instructions—Functions of a Judge and Jury

(Current to: December 01 2018)

Chapter 4.03: Introductory Instructions—Instructions About Parties

(Current to: December 01 2018)

Chapter 4.04: Instructions Usually Given in Every Trial—Introduction to Instructions on the Evidence

(Current to: December 01 2018)

Chapter 4.05: Instructions Usually Given in Every Trial—Credibility of Witnesses

(Current to: December 01 2018)

Chapter 4.06: Instructions Usually Given in Every Trial—Number of Witnesses

(Current to: December 01 2018)

Chapter 4.07: Instructions Usually Given in Every Trial—Preponderance of Evidence and Burden of Proof

(Current to: December 01 2018)

Chapter 4.08: Instructions Usually Given in Every Trial—Direct and Circumstantial Evidence

(Current to: December 01 2018)

Chapter 4.09: Evaluation of the Evidence—Conviction for Offence Arising Out of the Same Incident

(Current to: December 01 2018)

Chapter 4.10: Evaluation of the Evidence—Failure to Call a Witness or Party

(Current to: December 01 2018)

Chapter 4.11: Evaluation of the Evidence—Prior Contradictory Statement of a Party

(Current to: December 01 2018)

Chapter 4.12: Evaluation of the Evidence—Prior Contradictory Statementof a Witness

(Current to: December 01 2018)

Chapter 4.13: Evaluation of the Evidence—Testimony of Children—Sworn

(Current to: December 01 2018)

Chapter 4.14: Evaluation of the Evidence—Failure of a Party to Cross-examine a Witness

(Current to: December 01 2018)

Chapter 4.15: Evidence Introduced without a Witness—Admissions of Counsel

(Current to: December 01 2018)

Chapter 4.16: Evidence Introduced without a Witness—Deposition Evidence Read In

(Current to: December 01 2018)

Chapter 4.17: Evidence Introduced without a Witness—Discovery/Interrogatory Evidence Read In

(Current to: December 01 2018)

Chapter 4.18: Evidence Introduced without a Witness—Evidence Admitted for a Limited Purpose or as to One Party Only

(Current to: December 01 2018)

Chapter 4.19: Evidence Introduced without a Witness—Admitted Facts

(Current to: December 01 2018)

Chapter 4.20: Expert Evidence—General

(Current to: December 01 2018)

Chapter 4.21: Miscellaneous—Review of the Whole of the Evidence

(Current to: December 01 2018)

Chapter 5.01: Negligence—Common Law

(Current to: December 01 2018)

Chapter 6.01: Vicarious Liability—Employer and Employee—Intentional Acts of Employee

(Current to: December 01 2018)

Chapter 6.02: Vicarious Liability—Employer and Employee—Negligence of Employee Toward Third Party

(Current to: December 01 2018)

Chapter 7.01: False Imprisonment

(Current to: December 01 2018)

Chapter 8.01: Defences—Contributory Negligence—General

(Current to: December 01 2018)

Chapter 8.02: Defences—Contributory Negligence—Motor Vehicle—Seat Belt

(Current to: December 01 2018)

Chapter 8.03: Defences—Contributory Negligence—Motor Vehicle—Impaired Driver—Degree of Impairment—Passenger’s Knowledge

(Current to: December 01 2018)

Chapter 8.04: Defences—Emergency

(Current to: December 01 2018)

Chapter 8.05: Defences—Illegality—Ex Turpi Causa Non Oritur Actio (An Action Cannot Be Based on an Immoral Transaction)

(Current to: December 01 2018)

Chapter 8.06: Defences—Inevitable or Unavoidable Accident—Motor Vehicles

(Current to: December 01 2018)

Chapter 8.07: Defences—Mitigation of Damages by the Plaintiff

(Current to: December 01 2018)

Chapter 8.08: Defences—Voluntary Assumption of Risk—Volenti Non Fit Injuria

(Current to: December 01 2018)

Chapter 9.01: Medical Negligence—Doctors—Negligence

(Current to: December 01 2018)

Chapter 9.02: Medical Negligence—Failure to Disclose Risks

(Current to: December 01 2018)

Chapter 9.03: Medical Negligence—Consent of Minors

(Current to: December 01 2018)

Chapter 9.04: Medical Negligence—Vicarious Liability

(Current to: December 01 2018)

Chapter 9.05: Medical Negligence—Battery—Consent

(Current to: December 01 2018)

Chapter 9.06: Medical Negligence—Hospitals—Duty of a Hospital

(Current to: December 01 2018)

Chapter 9.07: Medical Negligence—Defences—Doctors and Hospitals—Approved Practice

(Current to: December 01 2018)

Chapter 9.08: Medical Negligence—Defences—Doctors and Hospitals—Contributory Negligence

(Current to: December 01 2018)

Chapter 9.09: Medical Negligence—Defences—Doctors and Hospitals—emergency

(Current to: December 01 2018)

Chapter 9.10: Medical Negligence—Defences—Doctors and Hospitals—Error of Judgment

(Current to: December 01 2018)

Chapter 10.01: Occupier’s Liability—Liability—General

(Current to: December 01 2018)

Chapter 10.02: Occupier’s Liability—Liability—Reasonable Care

(Current to: December 01 2018)

Chapter 10.03: Occupier’s Liability—Defences—Risks Willingly Accepted—Contributory Negligence

(Current to: December 01 2018)

Chapter 11.01: Wrongful Dismissal

(Current to: December 01 2018)

Chapter 11A.01: Defamation

(Current to: December 01 2018)

Chapter 11B.01: Sexual Assault

(Current to: December 01 2018)

Chapter 12.01: Damages—Personal Injury—Introduction—Assessment of Damages

(Current to: December 01 2018)

Chapter 12.02: Damages—Personal Injury—Introduction—Proof of Damages

(Current to: December 01 2018)

Chapter 12.03: Damages—Personal Injury—Non-pecuniary Damages—Introduction

(Current to: December 01 2018)

Chapter 12.04: Damages—Personal Injury—Non-pecuniary Damages—Pain and Suffering and Loss of Enjoyment of Life

(Current to: December 01 2018)

Chapter 12.05: Damages—Personal Injury—Non-pecuniary Damages—Loss of Expectation of Life

(Current to: December 01 2018)

Chapter 12.06: Damages—Personal Injury—Non-pecuniary Damages—Quantifying Non-pecuniary Damages

(Current to: December 01 2018)

Chapter 12.07: Damages—Personal Injury—Non-pecuniary Damages—Upper Limit of an Award Where Injuries Catastrophic/Devastating

(Current to: December 01 2018)

Chapter 12.09: Damages—Personal Injury—Pecuniary Damages—Future Pecuniary Loss—Present Cash Value

(Current to: December 01 2018)

Chapter 12.10: Damages—Personal Injury—Pecuniary Damages—Cost of Future Care

(Current to: December 01 2018)

Chapter 12.11: Damages—Personal Injury—Pecuniary Damages—Loss of Future Earning Capacity

(Current to: December 01 2018)

Chapter 12.12: Damages—Personal Injury—Pecuniary Damages—Loss of Income to Date of Trial

(Current to: December 01 2018)

Chapter 12.13: Damages—Personal Injury—Pecuniary Damages—Lost Opportunity of Family relationship

(Current to: December 01 2018)

Chapter 12.14: Damages—Personal Injury—Pecuniary Damages—Special Damages

(Current to: December 01 2018)

Chapter 12.14A: Damages—Personal Injury—Pecuniary Damages—“In Trust” Claims

(Current to: December 01 2018)

Chapter 12.15: Damages—Personal Injury—Miscellaneous—Collateral Benefits

(Current to: December 01 2018)

Chapter 12.16: Damages—Personal Injury—Miscellaneous—Management Fee—Personal Injury

(Current to: December 01 2018)

Chapter 12.17: Damages—Personal Injury—Miscellaneous—Pre-existing Disability—Latent—Thin Skull Rule

(Current to: December 01 2018)

Chapter 12.18: Damages—Personal Injury—Miscellaneous—Pre-existing Disability—Active Condition

(Current to: December 01 2018)

Chapter 12.19: Damages—Personal Injury—Miscellaneous—Punitive Damages

(Current to: December 01 2018)

Chapter 12.20: Damages—Personal Injury—Miscellaneous—Successive Events

(Current to: December 01 2018)

Chapter 13.01: Damages—Fatal Accidents—General—Assessment of Damages

(Current to: December 01 2018)

Chapter 13.02: Damages—Fatal Accidents—General—Proof of Damages

(Current to: December 01 2018)

Chapter 13.03: Damages—Fatal Accidents—Wills, Estates and Succession Act—Claim Under the Wills, Estates and Succession Act

(Current to: December 01 2018)

Chapter 13.04: Damages—Fatal Accidents—Family Compensation Act—Claim Under the Family Compensation Act—Introduction

(Current to: December 01 2018)

Chapter 13.05: Damages—Fatal Accidents—Family Compensation Act—Special Damages

(Current to: December 01 2018)

Chapter 13.06: Damages—Fatal Accidents—Family Compensation Act—Calculation of an Annual Sum of Dependency

(Current to: December 01 2018)

Chapter 13.07: Damages—Fatal Accidents—Family Compensation Act—Spouses Separated—No Maintenance Agreement

(Current to: December 01 2018)

Chapter 13.08: Damages—Fatal Accidents—Family Compensation Act—Spouses Separated or Divorced—Maintenance Agreement or Order

(Current to: December 01 2018)

Chapter 13.09: Damages—Fatal Accidents—Family Compensation Act—Loss of Services

(Current to: December 01 2018)

Chapter 13.10: Damages—Fatal Accidents—Family Compensation Act—Future Pecuniary Loss—Present Cash Value

(Current to: December 01 2018)

Chapter 13.11: Damages—Fatal Accidents—Family Compensation Act—Loss or Acceleration of Inheritance

(Current to: December 01 2018)

Chapter 13.12: Damages—Fatal Accidents—Family Compensation Act—Loss of Care, Training, and Guidance

(Current to: December 01 2018)

Chapter 13.13: Damages—Fatal Accidents—Family Compensation Act—Allowance for Taxation

(Current to: December 01 2018)

Chapter 13.14: Damages—Fatal Accidents—Family Compensation Act—Death of a Child

(Current to: December 01 2018)

Chapter 14.01: Closing Remarks to Jury—Summary of Submissions of Counsel

(Current to: December 01 2018)

Chapter 14.02: Closing Remarks to Jury—Answering Questions

(Current to: December 01 2018)

Chapter 14.03: Closing Remarks to Jury—Duty to Deliberate Together

(Current to: December 01 2018)

Chapter 14.04: Closing Remarks to Jury—Unanimity

(Current to: December 01 2018)

Chapter 14.05: Closing Remarks to Jury—Comments by Counsel on the Evidence

(Current to: December 01 2018)

Chapter 14.06: Closing Remarks to Jury—Further Instructions on the Law

(Current to: December 01 2018)

Chapter 14.07: Closing Remarks to Jury—Further Instructions on the Evidence

(Current to: December 01 2018)

Chapter 14.08: Closing Remarks to Jury—Questions and Exhibits

(Current to: December 01 2018)

Chapter 15.01: Post-Charge Instructions—Requested Instructions on the Law or the Evidence

(Current to: December 01 2018)

Chapter 15.02: Post-Charge Instructions—Unanimity—75 Per Cent Verdict—Three Hours

(Current to: December 01 2018)

Chapter 15.03: Post-Charge Instructions—Deadlocked Jury

(Current to: December 01 2018)

Chapter 15.04: Post-Charge Instructions—Thanks to the Jury

(Current to: December 01 2018)

Online Practice Manuals

Litigation - Juries