Chapter 17 Flashcards
(27 cards)
What is the defendant
The defendant is the term given to the party who is being sued by the plaintiff.
- they allegedly infringed the plaintiffs rights, causing them injury
What is the plaintiff
The plaintiff is the term given to the party who commences the civil action or brings the law suite
- they argue their rights have been infringed
- they seek compensation
What is the purpose of pre trial procedures
- ensure both parties are informed of the details of legal action through the exchange of documents
- also I form the defendant that a legal action is being taken against them
- helps clarify issues
- allows parties to prepare their case and provide information to the courts
- reduce delay at trial
What steps are involved in pleadings (stages, documents)
- writ or origination motion
- statement of claim
- notice of appearance
- statement of defence
- counterclaim
What is the purpose of pleadings
To set out the nature of claim made by the plaintiff, including the remedy sought by the plaintiff and the defence raised by the defendant.
Pleadings has an emphasis on what?
Pleadings has an emphasis on raising points of law.
What pre trial procedure informs parties of the claim against them, and inform the court of the potential case?
Pleadings
What is a writ or origination motion
A document that informs the defendant of the case against them, the remedy being sought.
Who prepares a writ, and where is it lodged
A writ is a standard legal document, prepared by a plaintiffs solicitor and lodged with the Supreme Court
What is a statement of claim
A document explaining specific details of the plaintiffs claim, such as facts alleged by the plaintiff and the remedy sought. Generally attached to a writ
What document is a statement of claim usually attached too
A writ
What specific details are outlined in a statement of claim
Alleged facts and remedy being sought
What is a notice of appearance
A legal document stating that the defendant wishes to defend the clai
Who issues a notice of appearance and to whom
The defendant issues a notice of appearance to the court, and this is forwarded to the plaintiff
What is included in a statement of defence
The defendant response to the allegations of the plaintiff made in the statement of claim
Who issues a statement of defence, and who receives it
The defendants solicitor writes the statement of defence, and sends this too the plaintiff.
What is then purpose of a statement of defence
Provide details regarding the defendants defence, including any allegations admitted or denied.
Their version of the facts.
What is a counterclaim
A counterclaim is a separate action against the plaintiff, suing them for damage or injury. The two matters are usually dealt with together
What is the purpose of the discovery stage of pre trial precedures
Discovering and raising questions of fact in the dispute.
Allowing parties to disclose all documents and information relevant to the case, so they are fully informed of the case against them.
What does the discovery stage facilitate
An out of court settlement.
What does discovery give the parties
Information pertaining to their case
What steps are involved in discovery
- interrogatories
- discovery and production of documents
What are interrogatories
Specific written questions concerning issues of fact that either party can serve on the other.
Can evidence gained in interrogatories be used at trial?
Yes
