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LAW 122 (618)
Chapter 2

Chapter 2 Litigation and Alternative Dispute Resolution.doc

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Law and Business
LAW 122
Nick Iannazzo

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 1 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: o always have a formal legal education o are not regulated and controlled by a governing body like a law society o not subjected to mandatory codes of conduct o not 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 th
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