LAW 122 Chapter Notes - Chapter 2: Small Claims Court, Alternative Dispute Resolution, Liability Insurance

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Published on 19 Apr 2013
School
Ryerson University
Department
Law and Business
Course
LAW 122
Professor
Chapter 2 Litigation and Alternative Dispute Resolution law 122
Litigation: the system of resolving disputes in court
Business people realize that litigation is a poor way to settle a dispute
Expensive, unpredictable, fatal to business relationships
THE LITIGATION PROCESS
Who can sue and be sued?
A company is a type of person and is liable to be sued
Churches, clubs, unincorporated organizations are not able to be sued but
individuals members can be sued.
Class actions
Class actions allow a single person to small group of people to sue on
behalf of a larger group of claimants.
They allow small individuals to take on large organizations
Class actions may save society money
Class actions main issues
Common issues- must be a common issue among members of the class
Representative plaintiff- must be able to show a workable plan
Notification-
Preferable procedure-
Certification-represents the courts decision to allow the various claims to be
joined together and precede as class actions
LEGAL REPRESENTATION
Self-Representation-
Have the right to represent yourself
Small claims court people resolve disputes themselves
Lawyers
Does not guarantee success but does increase likelihood of success
Professional liability insurance-allows a client to receive compensation from the lawyers
insurance company if the lawyer has acts carelessly
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Assurance fund provides people compensation to people who are hurt by dishonest
lawyers
PARALEGALS
A person who is not a lawyer but provides legal advice and services
small claims court or tenant and landlord tribunals
paralegals do not:
oalways have a formal legal education
oare not regulated and controlled by a governing body like a law society
onot subjected to mandatory codes of conduct
onot required to carry liability insurance
PLEADINGS
the documents that are used to identify the issues and clarity the nature of a
dispute
some prepared by plaintiff- who makes to complaint, defendant who defending
Limitation period- a period of time within which an action must be started
Law suit requires a STATEMENT OF CLAIM- document where plaintiff outlines
the nature of the complaint
Statement of defense is a statement that the defendant has to give in order to make
clear that they deny the claim and that it is false; can go to jail if a statement of
defense is not made, lose the case without a word being said.
Counter-claim- claim that the defendant makes against the defendant
PRE-TRIAL ACTIVITY
Examinations for discovery- process in which the parties ask each other
questions in order to obtain information about their case
Court time expensive and difficult to schedule
Settlement- occurs of both parties agree to settle dispute out of court
Pre-trial conference- is a meeting that occurs between the parties and a judge
Mediation- is a process which a neutral person is called a mediator helps the
parties reach an agreement.
THE TRIAL
Evidence- consists of the information that is provided in support of an argument
Each side will provide witnesses ordinary witnesses testify about facts that they
know first hand ( eg may describe a car accident that they saw) …. Expert
witnesses provide information and opinions based on evidence ( eg physician etc)
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Document Summary

Chapter 2 litigation and alternative dispute resolution law 122. Litigation: the system of resolving disputes in court. Business people realize that litigation is a poor way to settle a dispute. Who can sue and be sued: a company is a type of person and is liable to be sued, churches, clubs, unincorporated organizations are not able to be sued but individuals members can be sued. Class actions: class actions allow a single person to small group of people to sue on behalf of a larger group of claimants, they allow small individuals to take on large organizations, class actions may save society money. Self-representation: have the right to represent yourself, small claims court people resolve disputes themselves. Lawyers: does not guarantee success but does increase likelihood of success. Professional liability insurance-allows a client to receive compensation from the lawyers insurance company if the lawyer has acts carelessly. Assurance fund provides people compensation to people who are hurt by dishonest lawyers.

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