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Midterm

LS101 Study Guide - Midterm Guide: Metropolitan Railway, Todd Bertuzzi, Fundamental Breach


Department
Legal Studies
Course Code
LS101
Professor
Frances Chapman
Study Guide
Midterm

Page:
of 40
1
Civil Litigation Part IV
-Preliminary understanding
-Pages 100-111 and 118-126 give you a general sense of the civil law system
-Good lawyer will not automatically start a civil action
-Out of court settlement (90 percent settled)
-% end in: -Default judgment;
-Settlement;
-Abandonment
-Diversion to ADR
-If this settlement is unsuccessful cause of action
-Small claims = $25,000; Higher go to Superior Court
-Complex rules
-Courts of Justice Act, R.S.O. 1990, Chapter c. 43 and the regulations under the
-Rules of Civil Procedure (RCP) R.R.O. 1990, Reg. 194. (Has all the rules)
-Small claims, Family Court, Court of Appeal
-Motions
-Pulmonary actions/matters
-Standing
-Somebody who is allowed to sue someone else
Steps in Civil Litigation Process
-Superior Court of Justice
-Investigate as much as possible
-Parties fully informed
-RCP = Procedural law
Superior Court of Justice
-4 Main Stages
-Pleadings
-Making your claims
-Pre-Trial
-Motions need to be made?
-Trial
-Post-Trial
-Has to be enforced
2
Defended Proceedings
DON‟T HAVE TO KNOW ALL THESE STAGES*****
Civil Litigations
-Pleadings
-Basic 2 parties Л and Δ
-Originating process - Notice of Action
-Court house to register
3
-Fee paid
-Seal affixed -Issuing the document
-Service
-Time to respond
-Default judgement (always be aware of documents)
-Main Pleadings
-Statement of Claim
-Just the facts
-Not arguments
-Damages
-Statement of Defence
-Admit that the allegation(s) are true (usually the obvious truths in the statement); deny the allegations
which puts the facts in issue which must be proven at trial; state that they lack the knowledge on a
particular allegation which again the Plaintiff will have to prove; or the Defendant can give their own
version of the facts.
-Counterclaim
-Defendant can sue Plaintiff
-Third-party claim
-Defendant can sue a third party
-Crossclaim defendants claim against each other
-Pre-trial motions
-Discovery
-Go before a court reporter (ask questions) If company (ask one employee)
-Affidavit of documents
-Examination for discovery
-Testimony
-Oath or affirmation
-Transcribed
-Undertakings
-Take it under advisement (make an undertaking if that document exists)
-Pre-trial conference
-Judges give truth; should never go to trial, or should
-Costs
-Other parties lawyer, if you lose have to pay other sides lawyer and yours
-Trial -Testimony under oath
-Rules of civil procedure
-Judgement/Verdict
-Balance of probabilities
-Liable or legally responsible
-Plaintiff has the burden of proving that the judge/jury should accept their version
-Length of time?
-Can take up to many years if it‟s a difficult trial
-Jury trials -Section 108 (1) of the Ontario Courts of Justice Act provides that in “an action in the
Superior Court of Justice that is not in the Small Claims Court, a party may require that the issues
of fact be tried or the damages assessed, or both, by a jury, unless otherwise provided.” Thus, any
Superior Court of Justice trial may be heard by a judge and jury.
-2005-2006 = 6,839 civil trials, 1,598 or 23% were juries (74% of those motor vehicle
accident cases)
-Criticisms
-Technology