Chapter #2: Litigation
2 key actors in litigation
1. Plaintiff (person that is complaining) “Action” – Cause of Action
2. Defendant (Defending)
Class action – one person a company based on other individuals
- First step is to get your action certified
Class Action Steps
- Cause of action ( a legitimate action )
- Members must have common issues (similar but not necessarily identical)
- Representative plaintiff (has to be representative …. The typical case and doesn’t have a
conflict of interest with members of the group, must be a plan of action ... notifying
- You are a member of the class action unless you specifically say that you want to opt
out. (Can potentially create their own case, but must not be a part of the class action)
- Must be a preferred procedure within a limited number of people ( can sometimes be too
Class preceding act states that the plaintiff is responsible for all legal costs, including the fees of
the defendant if they win the case, which MUST be paid. They can use a court order to ask if
other member s can contribute to paying the costs.
** Being a representative plaintiff does not gain any extra treatment for being the representative
of the case**
Legal representation (cover on my own time)
Two important clocks when taking legal action:
1) Cause of Action: Clock starts ticking when you’re aware of a situation. A certain period of
time is given when stating a claim. Known as the limitation period (2 YEARS).
a. File pleading statement to get things started.
b. After the 2 years expire you aren’t able to start a cause of action unless in debt
2) File pleading: once the papers are received you are only given 10 days.
Default judgement – Statement of claims should be dealt with as soon as possible.
**WATCH THE CLOCK**
Pleads themselves are used to frame the case.
Very few cases actually got to trial (very costly)
Discoveries are done outside of the court and used to talk to witnesses and such.
A person is no guilty for a tort they are Liable
Liable and Not Liable
Balance of Probabilities: the plaintiff must…
- Proving a case more than 50%
- More likely than not
- Prove the case in a ba