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Ch 1 - Civil litigation revised 4th edition -Overview of a Civil Lawsuit

understanding key terms

AB
feespayment to lawyers for services rendered
disbursementsamounts lawyers pay on behalf of clients to third parties that lawyers can recover from clients
limited scope retainera retainer in which the lawyer will provide some but not all of the legal services in the matter for which the lawyer is retained
contingency feefee payable to lawyer only if lawyer wins the case for the client
cause of actionlegal right to sue to obtain a legal remedy
trier of factjudge or jury whose job is to determine the facts of the case from the evidence
damagescompensation awarded by a court for harm done
principle of proportionalityrequires that the time spent on the expense of a lawsuit be in proportion to the value of the case that is at stake for the parties
small claims court jurisdiction35,000
Weblink ://The Ontario Courts website provides information about court services, jurisdiction, court locations, rules and procedure and court forms
actionone of the 2 procedures by which a civil matter is commenced in the Superior Court ; rule 14.02
applicationone of the procedures by which a civil matter is commenced in the Superior Court
E-Filingyou need a Justice Services online account. ONe-key account I.D and password of lawyer, then proceed to file online on the Civil Claims Online portal
true copycopy of original documents
document naming protocolthe protocol sets out the format to be used to name and identify documents submitted in e-format
standard naming protocoldocuments filed using CASELINES must follow a protocol that identifies the document type, type and name of party submitting and date on which the document was created or signed
general headingheadings on all court documents that identifies the court, parties and the status of the parties
title of proceedingspart of the general heading that identifies the parties and their status in the lawsuit
backsheetpart of every court document that contains the name, LSO number, address, email and phone number of lawyer who prepared that document, a short title of proceedings, the court and court file number and large space for court officials to make entries on
judgment proofa party against whom a judgment would be ineffective as the party has no assets against which the judgment could be enforced
viva voce evidenceoral evidence
orderterm used to describe commands issued by courts on motions and at trials
endorsementjudges handwritten order or judgement from which successful party is expected to prepare a formal draft of the order or judgement
request to admitdocument in which one party requires the other to admit the truth of a fact or the authenticity of a document
summons to a witnessorder of a court summoning a person to attend a trial and give evidence
pecuniaryof monetary value
garnishmentnotice directed to a third party who owes money as a means of enforcing a judgement
res judicataLatin phrase meaning that a matter decided by a court is final and incapable of bring relitigated in a subsequent proceeding


Danielle Gillmer

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