Chapter 2 - Litigation and Alternative Dispute Resolution

What is litigation

The process of resolving disputes in court

What is a litigator

A lawyer who argues in court

What is a solicitor

Someone who prevents lawsuits

Who can sue others

Adults, minors and disabled if they have a representative, a corporation, a class of people

Who can be sued

Adults, organizations, the government

Who cannot be sued

Minors or those who are disabled

What is the first step before a lawsuit

Initial consultations with a lawyer and advance or seek ADR

What is the first step of a lawsuit

Pleadings, filed by the plaintiff

What is a statement of claim

The paper which lays out what the complaint is and what the plaintiff wants as a remedy

What does a statement of claim include

Facts, legal basis, remedies

How long is the state of limitations

2 years within the issue in question occurring

What is the second step of a lawsuit

A statement of defense, filed by the defendant

What is in a statement of defense

Admits or denies legal facts and states actual or legal defenses

What happens if a statement of defense is not filed within 30 days of being served

The lawsuit is automatically lost

What is the third step of a lawsuit A counterclaim, filed by the defendant

What is the fourth step of a lawsuit

A reply, filed by the plaintiff

What is the 5th step of a lawsuit

Pleadings close

What is discovery

When parties exchange their evidence with each other

What is a pre-trial conference

A meeting before trial hoping to settle before court

What is a summary dismissal

A defense by the defendant where they state the claim has no merit and there is no issue, so the lawsuit should be dropped

What are opening statements

When the plaintiff/crown presents their case and gives an overview of evidence

What is direct examination

When a lawyer calls witnesses to support their claim

What is cross examination

When the opposing side gets to question the witnesses from the opposing side

What is evidence

Information in support of an argument

What are types of evidence

Eye witness, photo, documentary

What is an ordinary witness

Someone with first hand experience

What is an expert witness

Someone with an expert opinion in a relevant field

What are closing statements

When the evidence which has been presented is summarized

What is the process of a trial in order

Opening statements -> Direct examination -> Cross examination -> Evidence/witnesses -> Closing statements

What are possible verdicts in a civil trial

liable or not liable

What are possible remedies in a civil trial

monetary damages, specific actions

Who is the appellant

The person who lost the initial trial

Who is the respondent

The person who won the initial trial

What are the possible outcomes of an appeal

Affirm or reverse the decision of a lower court, re-trial

What is the most common type of trial in civil matters

A judge trial

How does a judge act in a judge trial

As the judge and jury

What is the most common type of trial in criminal matters

Jury trial

What is the burden of proof in a civil trial

A balance of probabilities

What is the burden of proof in a criminal trial

Beyond a reasonable doubt

What is hearsay

When a witness gives second hand information which cannot be verified

What does it mean if an objection is sustained

The objection is valid

What does it mean if an objection is overruled

Their objection is invalid and the question/answer can continue

What are contingency fees

When the client pays their lawyer if they win

What is settlement

When both parties resolve their dispute outside of court

What is mediation

When both parties meet a neutral mediator who helps them reach an agreement

Does mediation have to end in settlement

No

What is arbitration

When both parties meet an experienced arbitrator who makes them come to an agreement

What are class action lawsuits

When a single person sues on behalf of a larger group of claimants