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LAW 122 (625)
Chapter 2

LAW122 CHAPTER 2 NOTES.docx

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Department
Law and Business
Course
LAW 122
Professor
Mario Silva
Semester
Summer

Description
MANAGING THE LAW THE LEGAL ASPECTS OF DOING BUSINESSChapter 2 Litigation and Alternative Dispute ResolutionDescribe class actions and explain when they can be usedLitigation is the system of resolving disputes in courtAll adults Canadian citizens or not can use the Canadian courtsChildren must be represented by a parent or litigation guardianCorporation is a type of person and can sue or be suedUnincorporated organizations such as clubs and churches cannot sue or be sued instead individual members are suedException are trade unions unincorporated can sue and be sued directlyClass action allows a single person or a small group of people to sue on behalf of a larger group of claimantsClass Action ClaimsProduct liability prescription drugs that have disastrous side effectsMass torts contaminated water that affects an entire townWorkplace discrimination corporation pays females less than malesClubs and churches sexual abuseBanking law improper service chargesBusiness law price fixing amongst companies that sell similar productsCompany law misleading info that attracts investorsSecurities law insider trading that hurts shareholdersBasic Ideas of Class Action SuitsCommon issues must be common issues amongst various members of the class all women who received defective implants from the same manufacturer med patients who got tainted blood from the same source etcRepresentative plaintiff plaintiff must qualify as representative plaintiff Must demonstrate a workable plan for fairly representing the interests of the class members Not help some while hurting other claimantsNotification RP must also have workable plan for notifying potential class members1Most class action automatically include every claimant who has not opted out wI a period of time2Out of province must opt in wI the relevant period3OntarioQubec no residency requirementPreferable procedure court must be convinced that class action is the preferable procedure for dealing w claims4Will consider if CA becomes too complicated and whether there are enough similarities bw the claimants Certification represents the courts decision to allow the various claims to be joined together and to proceed as a class action Assuming previous requirements are met the action will be certified1MANAGING THE LAW THE LEGAL ASPECTS OF DOING BUSINESSList the advantages and disadvantages of hiring lawyers and paralegalsTypes of Legal representationSelfRepresentation right to represent self even if not a lawyer esp in small claims courtAdvantagesDisadvantagesLawyersCompetent helpPriceyIncrease successMust graduate law school apprentice period period of articles pass barLaw society regulates the professionImposes code of conductHave professional liability insuranceCan sure for tort of professional negligence ParalegalsAffordableNot regulated by governing body 2007Common in small claims courts and landlord and Not required to hold liability insurance prior to tenant tribunal2007Confined to certain types of work in Ontario may appear in admin tribunal small claims OCOJ under the provincial offences act and some criminal cases where max penalty is 6 monthsCant draft wills handle real estate transCannot work on contingency fee basisProfessional liability insurance allows a client to receive compensation from a lawyers insurance company if the lawyer has acted carelesslyAssurance fund provides compensation to people who have been hurt by dishonest lawyersParalegal is not a lawyer but provides legal advice and servicesDefine pleadings and list 5 typesPleadings are documents used to identify the issues and clarify the nature of a disputePlaintiff is the person who is making the complaintDefendant is the person about whom the complaint is being madeLimitation period is a period of time which an action must be startedBefore you can appear in court aof things must be done pleadings2
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