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Final

LS101 Study Guide - Final Guide: Alternative Dispute Resolution, Due Process, Fiduciary


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

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Law Notes: Final
Civil Litigation Part 4
Good lawyer will not automatically start a civil action
o Default judgment
o Abandonment (give up)
If this settlement is unsuccessful- cause of action
o Small claim is up to 25,000
o Lawyers decide if it is more or less than 25000
o If more than 25000, it goes to the superior court
o Lawyers try and stay in small claims cause its faster and less money (don’t need lawyer)
Complex rules
o Rules of civil procedures
o Courts of justice act
How to file things, how to get what your client wants
Different rules for claims, family court etc
o Motions
Preliminary stuff
Asking for documents from another party
Usually before the trial
o Standing
Were you involved??
You cant see if you are not involved
o Steps in Civil Litigation Process
Superior Court of Justice
Investigates as much as possible/parties fully informed/ Procedural Law
4 Main Stages
Pleadings (documents)
Pre-trial (before the judge)
Trial
Post-trial (huge process/ trying to get your money)
o Pleading:
Basic- 2 parties
Originating process
Letting the other party know that they are being sued
Court house to register (fee paid)
Seal affixed (issuing the document)
Service (I, to court, I to the person being sued)
Time to Respond (time limited for everything)(default judgement)
Main pleadings
Statement of Claims

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o Facts; what you are suing for (no argument)
Statement of defence
o Facts; if you are counter suing
Counter claim
Third party claim
o Being in a party that they should be suing
Cross claim
o Defendants claim against each other
o Discovery/ Pre-trial
Basically on interrogation
Affidavit of documents
Ask questions about the document
You are under oath
A transcript is made; then brought into trial
Examination for discovery
Testimony
Oath
Transcribed
Undertakings
It is a promise to give the other party a document
Take it under advisement
o Trial
Testimony under oath
If you get caught in a lie, you can be prosecuted
Rules of civil procedure
o Judgement/ Verdict
Balance of probabilities
Length of time?
o 4 or 5 years-> a year for judge to write the decision
o You are allowed jury trials in a civil matter
Most popular in injury/insurance claims
Get a sympathetic jury
Critism
o Slow to process with jury involved/ judge has to explain everything
Damages
o Special Damages (hand judge receipt- crutches, doctors bills)
o General Damages (less clear)
o Punitive Damages (denunciation/ more damages just for the dumbness of the other
person
o Aggravated Damages (so outrageous)
o Nominal Damages (recognition of a violation of rights)

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Other remedies
o The government can seize your house (the Civil Foifeiture Act)
Cost-> pay the other lawyer
Small Claims-> represent yourself
Appeals
o Fewer than 1% are appealed
o Questions of law (the law was applied in an incorrect way)
Enforcement
o Garnishment: money is taken right out of their pay check
Paycheck-> 20%-30%
Investments and bank account
o Writ of seizure of Sale
Lean on the house/ have to pay debt before selling your house
o Creditor’s Relief Act
Food, clothing, bedding, furniture, tools of trade, (necessities)
Clean Hands Doctrine
o The court will not help you in you are fraudulent
Court of Equity
o Equity will not suffer a wrong to be without a remedy
o Remedy-> legal relief
Specific performance
o Remedy ordered by the court to fulfill a legal obligation
TORT LAW
Tort Law is extremely flexible
o Tort of negligence is NEW
o Case law
o Greatest number torts today= car accidents (personal injuries)
Latin term tortus- twisted or curved
o Civil law wrongs
One person commits against another resulting in damages
Definition of a Tort
o Negligence or unintentional torts
Ex. Car accidents/ not on purpose
o Intentional torts
Within distinct categories of wrongs
Civil law= private law
Tort is trying to restore how the person was before the tort
Basic Principles of Tort
o Plaintiff and Defendant
o Seek compensation
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