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Canada (162,168)
LAW 122 (625)
Stan Benda (71)
Chapter 2

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Law and Business
LAW 122
Stan Benda

Law Chapter 2 Litigation: system of resolving disputes in court Alternative dispute resolution (ADR):resolving disputes without going to court Class actions (page 30)  Allows a single person, or a small group of people, to sue on behalf of a larger group of claimant  Common issues - There must be a common issue amongst the various members of the class  Representative plaintiff - The plaintiff must qualify as a representative plaintiff. He or she must demonstrate a workable plan.  Notification - The representative plaintiff must also have a workable plan for notifying potential class members S  Preferable procedure - The court must be convinced that a class action is the preferable procedure for dealing with the claims  Certification - Represents the court’s decision to allow the various claims to be joined together into a class action Legal representation Self-representation:  good sometimes but not always Lawyers  Lawyers hold professional liability insurance which allows you to recive compensation from the lawyer’s insurance company.  Assurance funds: provides compensation to people who are hurt by dishonest lawyers. Paralegals  Is a person who is not a lawyer, but who provides legal advice and services  In Ontario must have law degree and bar exam Pleadings (page 34)  Are the documents used to identify the issues and clarify the nature of a dispute  Plaintiff: is a person who is making the complaint  Defendant: person getting complained on Limitation period: is a period of time within which an action must be started  Statement of claim: is a document in which the plaintiff outlines the nature of the complaint - Can receive default judgment where defendant loses by default  Statement of defense: is a document in which the defendant sets out its version of the facts and indicated how it intends to deny the claim  Counter claim: is a claim that the defendant makes against the plaintiff  Reply: is a document in which a party responds to a statement of defense  Demand for particulars:
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