LAW 122 Chapter Notes - Chapter 2: Trial Division, Mandamus, Certiorari
LAW - Chapter 2 - Litigation and Alternative Dispute Resolution
Litigation - the system of resolving disputes in court
All adults are free to use the Canadian courts, whether or not they are
Canadian citizens
Children must be represented by a parent or litigation guardian
As a matter of law, a corporation is a type of person
A class action - allows a single person, or a small group of people, to sue on behalf
of a larger group of claimants
There must be common issues amongst the various members of the class
The plaintiff must qualify as a representative plaintiff. They must
demonstrate a workable plan for fairly representing the interests of the class
members
A representative plaintiff must also have a workable plan for notifying
potential class members
The court must be convinced that a class action is the preferable procedure
for dealing with the claims
Assuming that the previous requirements are met, the action will be certified
oCertification - represents the court’s decision to allow the various
claims to be joined together and the process as a class action
Legal representation
You have the right to represent yourself - self-representation
People cannot act as lawyers until they have graduated law school, completed an
apprentice period (period of articles), and passed the bar successfully writing a
number of examinations
Professional liability insurance - allows a client to receive compensation
from a lawyer’s insurance company if that lawyer has acted carelessly
Assurance fund - provides compensation to people who have been hurt by
dishonest lawyers
A paralegal - is not a lawyer but provides legal advice and services
Confined to certain types of work
Pleadings
Pleadings - the document used to identify the issues and clarify the nature of a
dispute
Plaintiff - person who is making the complaint
Defendant - person about whom the complain is being made
Limitation period - period of time within which an action must be started
oClaims in contract (within 6 years), claims in tort (within 2 years)
oYou have 20 years to sue someone who has been improperly
occupying your land
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Law - chapter 2 - litigation and alternative dispute resolution. Litigation - the system of resolving disputes in court. All adults are free to use the canadian courts, whether or not they are. Children must be represented by a parent or litigation guardian. As a matter of law, a corporation is a type of person. A class action - allows a single person, or a small group of people, to sue on behalf of a larger group of claimants. There must be common issues amongst the various members of the class. The plaintiff must qualify as a representative plaintiff. They must demonstrate a workable plan for fairly representing the interests of the class members. A representative plaintiff must also have a workable plan for notifying potential class members. The court must be convinced that a class action is the preferable procedure for dealing with the claims.
