Textbook Notes (368,986)
Canada (162,320)
LAW 122 (625)
Jane Monro (29)
Chapter 2

Chapter 2 Litigation and Alternative Dispute Resolution

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Law and Business
LAW 122
Jane Monro

Chapter 2 Litigation and Alternative Dispute ResolutionLitigation is the system of resolving disputes in court Who can Sue and Not Sue A general rule is that all adults are free to use the Canadian courts even if they are a foreigner Mental disabled and children may be represented by a court representative Class Action allows a single person or a small group of people to sue on behalf of a larger group of claimants therefore letting small individuals take on large organizations Must haveCommon Issues there must be a common issue amongst the various members of the classRepresentative Plaintiff the plaintiff must qualify as a representative plaintiff that demonstrates a workable plan for fairly representing the interest of the class members Notification a representative plaintiff must have a workable plan for notifying the potential class members A class action automatically includes every claimant who has not opted out with a certain period of time And every member of that class is bound by the decision that the court give at the end of trial People who have not opted out cannot bring separate actions on their ownPreferable Procedure the court must be convinced that class action is the preferable procedure because they will become too complicated and has to determine where there are enough similarities between the class and membersCertification represents the courts decision to allow the various claims to be joined together into a class actionLegal Representation 1 Self Representation you can go to court and argue your case before a judge even if you are not a lawyer Small Claim Courts encourages people to deal with some sort of disputes by themselves2 Lawyers you may hire someone to represent yourself in court a lawyer a person cannot act a lawyer until they have graduated from law school completed an apprentice period known as a period of articles and passed the bar by successfully writing a number of exams Law Society a body that regulates the profession it imposes codes of conducts and punishes members who act improperly Professional Liability Insurance allows a client to receive compensation from the lawyers insurance company if the lawyer has acted carelessly Law Society requires Assurance Fund law societies create assurance funds to provides compensation to people who are hurt by dishonest lawyers conversations with your lawyers are confidential and privileged which means that your lawyers cannot share your information with anyone without your consent and cannot be used against you in court3 Paralegals Paralegal is a person who is not a lawyer but who provides legal advice and services common in small claim courts and landlordtenant tribunals Law Society has licensed paralegals in Ontario in 2007 therefore they have to hold a law degree trained at an approved institution must successfully complete examinations must abide by the Code of Conduct allows Law society to punish wrong doers and carry liability insurance
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