2327573
Description
Flashcards by Michaela Seal, updated more than 1 year ago
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Created by Michaela Seal
almost 10 years ago
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| Question | Answer |
| the initiation of proceedings | -determine appropriate court and judicial center -identify and describe parties -originating pleadings: describe cause of action and relief claim |
| the exchange of pleadings | -statement of claim -statement of defence -request for particulars (amended pleadings) |
| Discovery | -purpose -discovery of documents -examinations for discovery |
| Trial | -introductory comments from both parties -plaintiff's case -defendant's case -closing arguments for both parties -judgement |
| Enforcing judgements | -judgement registered with clerk -garnishment of income -assets can be seized and sold by sheriff -secured creditors can repossess assets -limitations of what can be taken, such as houses (sometimes based on value of house) |
| Appeals | -Alberta Court of Appeal or SCC -on question of law or fact/law -no appeals on fact alone -no new evidence appeal -pleadings: factum document |
| Alternative dispute resolution | -settlement during litigation process: settlement before trial -mediation: non-binding recommendation by 3rd party -arbitration: binding recommendation by 3rd party |
| private (civil) law | -governs relations between individuals, corporations and governments (in civil context) |
| substantive private law areas | -contracts -torts -property law -business law -wills & estate -family law |
| constitutional basis | provincial: administration of justice, each province establishes its own civil procedure |
| sources of civil procedural law | -statutes -Rules of Courts -common law |
| Rules of Court | -written and adopted by court itself -adopted as order-in-council (subordinated legislation - delegated) |
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