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curious
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Who is able to use Canadian courts?
All adults, even if they aren't Canadian.
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Who represents children in the courts?
A litigation guardian.
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What is a class action?
A single person, or small group, to sue on behlaf of a larger group of claimants.
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True or false.
Class actions are becoming more popular in Canada.
True.
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Does the threat of a class action prevent a wrong happening in the first place?
Yuppers.
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Can class actions save society money?
Yeah, it is cheaper to do one huge claim then to do thousands of little claims.
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What are the requirements for a class action to occur?
1. Common issues - Same wrong doing, does not have to be affected in the same way.
2. Representative plaintiff - Must have a workable plan for fair representation.
3. Notification - Potential members of the class action must be notified. Automactically included if haven't opted out within a certain length of time.
4. Preferable procedure - Court must think that a class action is prefered.
5. Certification - Represents the court's decision to allow various claims to be joined together and proceed as a class action.
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Can you represent yourself in court?
Of course.
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Why might you use a lawyer?
They have graduated from lay school, apprenticed, and passed a bar.They are confidential and privileged. They have professional liability insurance which allows a client to recieve compensation if a lawyer acts carelessly.
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What is a paralegal?
NOT A LAWYER, but provides legal advice and services.
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What are some negatives about a paralegal?
- No licence.
- Have no formal training.
- Not regulated by a governing body.
- No detailed code of conduct.
- Not required to carry liability insurance.
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What are pleadings?
The documents that are used to indentify the issues and clairify the nature of a dispute.
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Who is the plaintiff?
The person making the complaint.
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Who is the defendant?
The person whom the complaint is being against
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What is a limitation peroid?
A period of time within an action can be started.
- Claims in contract are 6 years.
- Claims in tort are 2 years.
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Why is there a limitation period?
Memories fade and evidence is lost.
Unfair to allow the plaintiff to hole the threat of litigation over the defendant forever.
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What is a statement of a claim?
A document in which the plaintiff outlines the nature of the complaint?
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What is a statement of defence?
A document in which the defendant sets out its verison of the facts and indicates how it intends to deny the claim.
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What is a counterclaim?
A claim that the defendant makes against the plaintiff.
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What is a reply?
A document in which a party responds to a statement of defence.
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What is a demand for particulars?
Requires the other side to provide additional information.
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What is an examination for discovery?
A process in which the parties ask each other questions in order to obtain information about their case.
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What is a settlement?
When the parties agree to resolve their dispte out of court.
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What is a pre-trial conference?
A meeting that occurs between the parties and a judge.
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What is mediation?
A process in which a neutral person helps the parties reach an agreement.
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What a mediator?
The nutral party in a mediation.
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What is evidence?
Information that is provided in support of an argument.
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What is the diference between an ordinary witness and an expert witness?
Ordinary witness testifies about facts they know first-hand (what they saw/heard). Expert witness provides information and opinions based on the evidence.
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What is hearsay evidence?
Infromation that a witness heard from another person.
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What are 3 popular remedies?
Fines
Prision sentence
Conditional sentence
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What is a conditional sentence?
Allows the criminal to serve time in their own houses.
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What is a judgment debtor?
Defendant who has been found liable and ordered to pay money to the plaintiff.
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What is an appeal court?
Decides if a mistake was made in the court below.
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Who is the appellant?
The party who attacks the decision of the lower court.
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Who is the respondent?
The party that defends the decision of the lower court.
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How does the government support the court system?
Through the collection of taxes.
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What is a contingency fee agreement?
A client only pays their lawyer only if the lawsuit is successful. Usually is about 25% - 40% of everything won.
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What is the highest court in Canada?
The Supreme Court of Canada.
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How many members does the Supreme Court of Canada have? How are they appointed?
9 members, Chief of Justice and 8 others appointed by the federal government.
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Does each province and territory have their own court of appeal? How are they appointed?
Yes mam'm. By the federal government.
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Does the federal government appoint judegs to the superior court in each province and territory?
You betcha.
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What kind of cases does the federal court see?
Only cases that deal with the federal government.
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Who appoints the members of the provincial court?
Provincal government.
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What 4 types of cases do the Provincial courts see?
1. Small claims
2. Family matters
3. Youth matters
4. Most criminal cases
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What is a small claims court?
A type of provincal court that deals with disputes involving limited amounts of money?
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Why are small claims court popular with business people?
They are faster, simpler and less expensive.
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What are some drawbacks to small claims court?
Geographical limits - plaintiff must sue where the relevant happened or where the defendant lives or carries on business.
Types of claims - Only limited amount of money or the return of property that it already owns. Cannot evict tenants or grant divorces.
Types of remedies - can only order payment or to hand over property that the plaintiff already owns.
Monetary limits - In BC can only sue for up to $25,000.
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What is a doctrine of precedent?
Requires a court to follow any other court that is above it in a hierarchy.
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Does the Supreme Court of Canada have to obey any other court?
No, it is boss bitches.
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Which courts must the Superior Courts of Province A obey?
Superior Court of Province A must obey the Court of Appeal of Province A and the Supreme Court of Canada.
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Does the Superior Court of Province A have to obey the Appeal Division of the Federal Court?
Nope.
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Can a decision be persuasive even if it comes from a lower court?
Yes.
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What is a ADR?
Alternative dispute resolution, any process that allows the parties to resolve their issues without going to court.
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What are the 3 main types of ADR?
1. Negotiation
2. Mediation
3. Arbitration
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What is negotiation?
Discussion aimed at settling a dispute.
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What are some advantages and disadvantages of negotiation?
- ADVANTAGES:
- Quicker, less complicated, less expensive.
- Parties control outcome.
- Parties remain on good terms.
- Avoids bad publicity.
- DISADVANTAGES:
- Might not be possible.
- Drag out matter.
- Not equal bargianing power.
- Confidentiality is not desirable.
- No guarantee of success.
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Do the parties have to listen to the mediation?
No, they can say fuck you and walk out.
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What is arbitration?
Arbitrator tells the parties what to do.
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Who is an arbitrator?
A neutral third party.
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Do the parties have to listen to the arbitration?
Yuppers.
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Does an arbitrator have greater expertise than a judge?
Usually.
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