CIVIL LITIGATION - WEEK 5

Flashcards about Civil Litigation, Week 5: Pre-Action Considerations and Commencement of Actions in Magistrates' Court.

What are preliminary considerations before commencing or defending an action?

Limitation periods, pre-action notices, locus standi, appropriate venue, cause of action, exhaustion of remedies, litigation costs, ADR, enforceability of judgment, immunities, parties, and ethics.

What subjects are relevant to preliminary consideration?

Interviewing and counselling skills, letter writing, duty to client, accountability, cost, and charges.

What is the goal regarding matters needing consideration before commencing or defending an action?

To list and explain matters to consider before commencing or defending an action.

What is the goal regarding case studies?

To identify preliminary issues in given case studies.

What is the goal regarding discussing specific subjects for preliminary consideration?

To discuss the relevance of certain subjects to preliminary consideration.

What is the goal regarding the Magistrates Court and Small Claims Court of Lagos State?

To explain the general principles and procedure for commencing actions in the Magistrates Court and Small Claims Court of Lagos State.

What is the goal regarding drafting?

To draft originating processes in Magistrates Court of Lagos State

What is Locus Standi?

Sufficient right and/or interest to maintain an action.

What dictates jurisdiction?

Subject matter, financial limit, geographical limit, parties etc.

Where can the venue be found?

See Judicial Divisions and Districts.

What laws are applicable to commencement of action in the Magistrates' Court?

Lagos State Magistrates' Court Law 2009 and Magistrates' Court (Civil Procedure) Rules 2009.

What specifically does jurisdiction under s. 28(1) MCL encompass?

Contract, Tort or both, Landlord tenant, Appointment of Guardian Ad Litem etc

What are required pre-trial considerations?

Advise the parties on the need for ADR and the process of ADR that may be used and write a demand letter before commencing action in all civil proceedings. S. 38 MCL

What are the modes of Commencement of Action?

By Claim (Or. 1 r. 4) or Originating Application (Or. 1 r. 8)

What is the procedure after Particulars is Drafted?

Filed and requisite fees paid, registrar enters claim into court book, number action, direct service and deliver the claim to the Designating Magistrate.

What summons is issued?

Ordinary Summons (Form 1) unless a Summary Summons (FORM 4) is applied for.

Regarding trial dates, what must the claimant do?

Not later than 10 days write to fix date for hearing and notice of hearing to be served at least 3 days to date fixed for hearing.

What Interviewing, Counselling Skills, Duty to client, cost, Letter Writing skills etc. are needed?

Communication skills, writing skills, listening skills and Duty of dedication and devotion, competence etc., r. 14, 15 RPC.

Explain 'Cause of Action'

A formal requirement that must be met before a lawsuit can be filed; it ensures that the party bringing the suit has a tangible and legitimate interest in the outcome.

What is Alternative Dispute Resolution (ADR)?

The process of trying to resolve a dispute outside of the court system, often involving negotiation, mediation, or arbitration.

What are key considerations when determining the Appropriate Venue?

Factors include the nature of the claim, the amount in dispute, and the location of the parties or property involved.

What is meant by '

The right or ability to bring a legal action before a court.

What is meant by Justiciability?

The legal justification for bringing a lawsuit or seeking relief from a court.

Pre-Action Notice

A formal notice to an opponent of a legal action indicating the intent to litigate.

What is a Limitation Period?

A period of time, established by law, within which a lawsuit must be initiated.

What is Standing (Locus Standi)?

The concept of whether a person has the legal right to sue.

What is the Appropriate Venue?

The appropriate court or geographical location where a case should be heard.

What constitutes a Cause of Action?

A set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party.

What is Alternative Dispute Resolution(ADR)?

The use of methods other than litigation to resolve disputes, such as mediation, arbitration, or negotiation.

What are Litigation Costs?

The potential costs associated with filing and litigating a lawsuit, including attorney fees, court fees, and other expenses.

What is Enforceability of Judgment?

The ability to enforce a judgment obtained in a lawsuit, considering the defendant's assets and location.

What are Immunities?

Legal protections or exemptions from being sued, such as sovereign immunity or diplomatic immunity.

Who are the Parties?

The individuals, entities, or organizations involved in a lawsuit, whether as plaintiffs or defendants.

What are Ethics?

The professional conduct and moral principles that guide lawyers in their representation of clients and in the legal system.

What are Interviewing and Counseling Skills?

Skills in conducting client interviews to gather relevant information and providing legal advice and guidance.

What is Letter Writing?

The ability to communicate effectively in writing, especially in drafting legal documents and correspondence.

What is Duty to Client?

The legal and ethical obligations a lawyer owes to their client, including confidentiality, loyalty, and competence.

What is Accountability?

The responsibility of a lawyer to manage client funds and property responsibly and to provide accurate billing information.

What are Cost and Charges?

The fees and expenses charged by a lawyer for their services.

What is Jurisdiction?

The process of determining which court or tribunal has the authority to hear a particular case.

What dictates Jurisdiction?

The subject matter of a legal dispute, the amount of money involved, the physical location, and the parties involved.

What are Judicial Divisions and Districts?

The geographical divisions and districts established for judicial administration, which determine the appropriate venue for a case.

What laws are applicable to the commencement of action in the Magistrates' Court?

The Lagos State Magistrates' Court Law 2009 and the Magistrates' Court (Civil Procedure) Rules 2009.

What specifically does jurisdiction under s. 28(1) MCL encompass?

Contract, Tort or both, Landlord tenant, Appointment of Guardian Ad Litem etc.

What are required pre-trial considerations?

Advising the parties on the need for ADR and writing a demand letter before commencing action in all civil proceedings - S. 38 MCL

What are the Modes of Commencement of Action?

By Claim (Or. 1 r. 4) or Originating Application (Or. 1 r. 8).

What is the procedure after Particulars is Drafted?

Filing and payment of requisite fees. Registrar enters claim into court book, number action, direct service and deliver the claim to the Designating Magistrate.

What summons is issued?

Ordinary Summons (Form 1) unless a Summary Summons (FORM 4) is applied for.

Regarding trial dates, what must the claimant do?

Not later than 10 days write to fix date for hearing and notice of hearing to be served at least 3 days to date fixed for hearing.

What Interviewing, Counselling Skills, Duty to client, cost, Letter Writing skills etc. are needed?

Communication skills, writing skills, listening skills and Duty of dedication and devotion, competence etc., r. 14, 15 RPC.

Explain 'Cause of Action'

A formal requirement that must be met before a lawsuit can be filed; it ensures that the party bringing the suit has a tangible and legitimate interest in the outcome.

What is Alternative Dispute Resolution (ADR)?

The process of trying to resolve a dispute outside of the court system, often involving negotiation, mediation, or arbitration.

What are key considerations when determining the Appropriate Venue?

Factors include the nature of the claim, the amount in dispute, and the location of the parties or property involved.

What is Locus Standi?

The right or ability to bring a legal action before a court.

What are different types of ADR(Alternative Dispute Resolution)?

Negotiation, Mediation, Conciliation, Arbitration, and Early Neutral Evaluation.

What are some common types of legal immunities that protect parties from legal action in certain situations?

Sovereign immunity, diplomatic immunity, judicial immunity, and witness immunity.

In a typical lawsuit, who are the main parties involved?

The plaintiff (the party bringing the lawsuit) and the defendant (the party being sued).

What are some of the key ethical duties that lawyers owe to their clients?

Confidentiality, competence, communication, and conflicts of interest.

What are some fundamental components of effective interviewing and counseling skills for lawyers?

Assessing the client's needs, gathering relevant facts, providing legal advice, and developing a strategy for resolving the client's legal issue.

What qualities are essential in effective legal letter writing?

Clarity, conciseness, accuracy, and professionalism

Maintaining client confidentiality, avoiding conflicts of interest, and providing