Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal Administrative Assistant > Basic Litigation Final Review > Flashcards

Basic Litigation Final Review Flashcards

1
Q

What is “Limitation Period”?

A

Period of 2 years from the discovery of the loss or damage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

List 7 pleading documents

A
  1. Notice of Civil Claim
  2. Response to Civil Claim
  3. Counterclaim
    4f. Response to Counterclaim
  4. Reply
  5. Third Party Notice
  6. Response to Third-Party Notice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the 4 elements of Style of Cause?

A

Action number, registry location, court title, identification of the parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what are the requirements for a change of style of cause after the pleadings period has ended?

A

by court order or when an infant has attained the age of majority.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what documents can change the style of cause before the pleadings period ends?

A

counterclaim or third party notice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

if you don’t comply with the rule, it will toss out the whole case. (true or false)

A

false

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what is considered the same as “clear days” in time calculation?

A

not less than, at least

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Notice of Civil Claim set out a concise statement of the _____________ facts

A

material

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Notice of Civil Claim set out the _______ sought by the _______

A

relief, plaintiff

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The amount of general damages claimed should not be stated in the pleadings (true or false)

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What document is used to prove service of a Notice of Civil Claim?

A

Affidavit of Personal Service

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

A litigation guardian must be an ________ who does not have an interest in the proceeding that is _________ to that of the legally disabled individual

A

adult, adverse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

which originating documents are used to
a) start an action:
b) make an originating applicaion:

A

a) notice of civil claim
b) petition, originating requisition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

After a Reply has been filed or the time to do so has passed, the pleadings period is deemed to have ____

A

closed (ended)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

is a party who is represented by a lawyer required to attend a Case Planning Conference?

A

No. Just the lawyers attend. A party would attend if self-represented.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what are two classes of people who fall under the definition of “person under a legal disability”?

A
  1. infant, 2. mentally incompetent person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What does the verb “to file” mean?

A

enter a document in court - court stamped

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

If the defendant wants to make a claim against the plaintiff in addition to filing a Response to Civil Claim, they would file a ____

A

counterclaim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

what are the four stages of a civil action?

A
  1. pre-notice of civil claim
  2. pleadings
  3. discovery
  4. trial
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Rule 15-1 Fast Track Litigation can apply to an action if the plaintiff’s claims total $______ or less or if the trial can be heard in ____ or less

A

100,000, 3 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

When counting time for a period of less than 7 days, what type of days do you not count?

A

Sundays and holidays

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

When is ordinary service of a document effective in the following situations?

  1. by mail:
  2. by fax:
A
  1. on the same day of the next calendar week that is not a Saturday or holiday
  2. Service effective on the same day it is faxed if it is faxed before 4:00 pm. if it is faxed after 4:00 pm, service is effective the next business day.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

A Notice of Civil Claim remains in force for how long?

A

12 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

A person under a legal disability must have a representative in order to sue or be sued. What is this representative called?

A

litigation guardian

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

The amount of general damages claimed should not be stated in the pleadings (true or false)

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

only a ______ can hear Rule 9-7 Summary Trial application

A

Judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is another term for style of proceeding?

A

Style of Cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

The court may order an alternative method of service when it is _______ to serve a document pursuant to Rule 4-3 (personal service)

A

impracticable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

what are the two main purpose of pleadings

A
  1. to inform the court about the issue
  2. to give fair notice to the other side of the case that has to be met.
30
Q

When counting clear days, you must have a landing day (true or false)

A

true

31
Q

Provincial Small Claims court has jurisdiction in matters involving $________ or less

A

35,000

32
Q

Unless otherwise agreed by the recipient beforehand, a document of 30 pages of more may be ordinarily served by fax only between ____ and ____

A

5:00 pm and 8:00 am

33
Q

When should an application for an Order for the renewal of a RENEWED Notice of Civil Claim be made?

A

Before it expires/before its expiry date

34
Q

If the defendant wants to defend the case, that defendant must file a Response to Civil Claim within a specific number of days after service of the Notice of Civil Claim.
1. in BC
2. elsewhere in Canada
3. in the USA
4. elsewhere in the world

A
  1. 21 days
  2. 21 days
  3. 35 days
  4. 49 days
35
Q

How does a plaintiff notify defendants of their initial address for service?

A

notice of civil claim

36
Q

Civil small claims under what $ amount will be resolved by the Civil Resolution Tribunal (CRT)?

A

$5,000

37
Q

How long does a party have to prepare and serve a List of Documents after the expiration of the pleading period?

A

within 35 days

38
Q

What is the legal TEST for claiming litigation privilege over a document?

A

dominant purpose of anticipated/contemplated or actual litigation

39
Q

Once arrangements have been made to conduct an examination for discovery, what two documents must be served on the person who is to be examined?

A
  1. application to examination for discovery
  2. witness fee
40
Q

Who will be involved at an examination for discovery? (when legally disabled parties are not involved)?

A
  1. the parties
  2. their lawyers
  3. the court reporter
41
Q

Service of an Appointment to Examine for Discovery on the lawyer for the party to be examined must take place _______________ days before the date set for the examination.

A

at least 7 days

42
Q

if a party is served with a Notice to Admit, that party must respond by serving a Reply to Notice to Admit within _____, failing which the truth of the facts will be ______

A
  1. 14 days
  2. deemed to be admitted
43
Q

is it true that only documents a party intends to rely on at trial need to be listed in their List of Documents? Explain your answer.

A

No. All documents in the party’s possession or control that will prove or disprove a material fact at issue must be listed. Only listed documents can be relied upon at trial and examination for discovery.

44
Q

If a Notice of Civil Claim did not contain sufficient particulars, what steps could the defendant take to obtain the particulars?
1.____
2.____

A
  1. Demand them in writing
  2. Then apply for a court order
45
Q

Interrogatories can be served only by consent or by leave of the court. Once a party is served with interrogatories, they must prepare and serve an _____
within _____ of receipt of the interrogatories

A
  1. Affidavit
  2. 21 days of receipt of the interrogatories
46
Q

What is the latest opportunity in an action that a party has to conduct an examination for discovery before trial?

A

at least 14 days before trial

47
Q

The default is that all civil trials will be heard with a judge and jury (true or false)

A

false

48
Q

The filing window for a trial certificate is at least ___ days but not more than ____ days before trial

A

14, 28

49
Q

What is the Rule 11-6 deadline for service of expert report?

A

at least 84 days before the trial

50
Q

A Notice of Application must be filed and served at least _______ business days before the date of the hearing

A

8 business days

51
Q

What is the document filed with the court and served on all parties to secure the date of trial?

A

Notice of Trial

52
Q

What is the name of the document filed by a party seeking a chambers application?

A

Notice of Application

53
Q

A Trial Management Conference (TMC) must be held at least ______ days before the start of trial

A

28 days

54
Q

Documents attached as evidence to affidavits are called

A

exhibits

55
Q

All exhibits attached to affidavits must have a stamp that must be signed by the person swearing the affidavit

A

false

56
Q

All XFDs must be completed no later than at least _____ days before trial

A

14

57
Q

A party to an action must serve a List of Document on all other parties of record within _________ days after the end of the pleading period

A

35

58
Q

Describe privilege test

A

the dominant purpose for obtaining or producing the documents was for actual or anticipated litigation

59
Q

Who is involved in XFD?

A

The parties, their lawyers, the court reporter

60
Q

What documents should you serve on the party to be examined? and when is the deadline?

A

application to examination for discovery, proper witness fee, and at least 7 days before the examination date.

61
Q

The person to whom the interrogatories are directed must serve answers in affidavit form within ________

A

21 days

62
Q

A party who is entitled to examine a witness must personally serve the witness with
1.
2.

by when? maximum of how many hours?

A
  1. Subpoena to witness
  2. witness fee
    at least 7 days before the examination date
    maximum of 3 hours
63
Q

The truth of a fact or the authenticity of a document will be deemed to be admitted unless denied within _______ of receipt of the notice to admit

A

14 days

64
Q

a request for further particulars must be made in writing and further particulars must be served within ____ days of the demand

A

10

65
Q

The plaintiff must file and serve a Trial Brief at least _____ before the TMC

A

28 days

66
Q

All other parties must file and serve a Trial Brief no later than _____ days before TMC

A

21

67
Q

trial record must be filed at least _____ days before but not more than _____ days before the trial.

A

14, 28

68
Q

who has to file a Trial Record?

A

the party who files a notice of trial

69
Q

who has to file a trial certificate?

A

each party of record

70
Q

give me examples of disbursements

A

photocopying
registry fees
couriers
clinical record
medical record
conduct money

Legal Administrative Assistant (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions