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LAW 122 (625)
Chapter 2

LAW122 Chapter 2 Notes.docx

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Law and Business
LAW 122
Jared C.Allen

LAW 122 Chapter 2 Notes The Litigation Process Litigation is the system of resolving disputes in court Risks of litigation expensive time consuming unpredictable Who can be sued All adults can sue and be sued An American consumer can sue a Canadian company for delivering shoddy merchandise An adult who cannot appear in court must use a courtappointment representative And children must be represented by a parent or litigation guardian A corporation is a type of person and may therefore sue or be sued An unincorporated organization is not a person in this case it is the individual members of those organizations who would be sued Governments can be sued if they break one of your fundamental rights Class Actions A class action allows a single person or a small group of people to sue on behalf of a large group of claimants Small claimants able to share costs of litigation against large defendant Ex Sonys PS3 network hack Legislation dealing with class actions 1 Common Issues the issue must be common amongst the various members of the class Ex they may be all women who received defective breast implants from the same manufacturer 2 Representative Plaintiff someone selected to demonstrate a workable plan for fairly representing the interests of the class members 3 Notification the representative plaintiff must also havea plan for notifying potential class members 4 Preferable Procedure the court must be convinced that a class action is the preferable procedure for dealing with the claims5 Certification assuming the previous requirements are met the action will be certified Meaning the courts decision to allow the various claims to be joined together and to proceed as a class action Legal Representation SelfRepresentation you have the right to represent yourself in a court Lawyers someone who can be hired to fight a case for you Professional Liability Insurance if your lawyers acts carelessly and you suffer a loss you may sue for professional negligence The lawyer may not be able to pay for the loss which is where his insurance company will pay for it
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