LAW 122 Chapter Notes - Chapter 2: Professional Liability Insurance, Alternative Dispute Resolution, Expert Witness

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20 Apr 2012
Course
Professor
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
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