LAW 122 Chapter Notes - Chapter 2: Counterclaim

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Theresa Miedema

Document Summary

Litigation: the system of resolving disputes in court: poor way to settle disputes, expensive, unpredictable, fatal to business relationships. Unincorporated organizations (clubs) are not classified as legal persons and typically cannot be sued. It is necessary to sue individual members of the group. Statement of claim: plaintiff outlines nature of complaint: once a party is served with a statement of claim, it must act quickly. Statement of defense: defendant sets out their version of the facts and indicates how they intend to deny the claim (if they do nothing within a month, plaintiff may go to court alone and receive a default judgment. Counterclaim: claim the defendant makes against the plaintiff. Demand for particulars: requires the other side to provide additional information. Examination for discovery: parties ask each other questions in order to obtain information. Settlement: parties agree to resolve their dispute outside of court. Pre-trial conference: meeting that occurs between the parties and a judge.