SOC323H5 Lecture Notes - Lecture 6: Collaborative Law, Adversarial System, Mock Trial
Document Summary
Process of resolving disputes between conflicting parties. A party: is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Judge decides after reviewing evidence, argumentation, legal reasoning. Main forms: arbitration, collaborative law, mediation, conciliation, negotiation, facilitation. Lawsuit: civil action brought before a court. Through private law: regulates relationship between private individuals. Treated as through it were a private party. By a party (plaintiff, claimant, complainant) who claims to have received damages from an individual"s or legal entity"s action (defendant) Plaintiff: seeks a legal or equitable remedy. Defendant: has to respond to the plaintiff"s complaint. Court orders issues enforce a right, award damages, impose an injunction to. Judgment will be given in the plaintiff"s favour prevent or compel an act. Improved quality of evidence, witnesses are more likely to tell the truth. 1) open and public (democratic demand: no secret)