Civil Law and Litigation

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Author:
denai
ID:
122962
Filename:
Civil Law and Litigation
Updated:
2011-12-11 23:59:07
Tags:
QUESTIONS
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Description:
QUESTIONS
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  1. What are the 3 common branches of civil law?
    • Tort Law
    • Contract Law
    • Property Law
  2. What is the most common form of tort?
    - Negligence
  3. The _______ must commence an action against the _______ by issuing a ______.
    • Plaintiff
    • Defendant
    • Writ of Summons
  4. What is the time limit within which an action must be commenced?
    - Limitation Period
  5. Another term for wrongdoer is?
    - Defendant
  6. If the plaintiff is claiming a small amount of money from the Defendant, the case will be heard where?
    - Small Claims Court
  7. The Plaintiff must have a valid what before commencing a lawsuit?
    - Cause of Action
  8. What are 2 different types of proceedings?
    • An Action
    • Originating Application
  9. An action is usually commenced with a document called a what?
    • Writ of Summons
    • OR
    • Notice of Action
  10. A writ of summons names the _____ and _____ and sets out the _____ against the ______and the _______ sought.
    • Plaintiff
    • Defendant
    • Claims
    • Defendant
    • Relief
  11. The Plaintiff's claims against the Defendant are usually set out in a ______ OR _____on the _____and expanded on at a later date in another document called a _____?
    • General statement OR General Endorsement
    • Writ of Summons
    • Statement of Claim
  12. A _____ must be filed in the appropriate ______ before it is served on the ______?
    • Writ of Summons
    • Court Registry
    • Defendant
  13. A writ of summons stipulates the _____the defendant has to _____the _____ that he or she wants to defend the _____?
    • length of time
    • advice
    • plaintiff
    • action

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