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Basic Litigation Final Review Flashcards

1
Q

What is “Limitation Period”?

A

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

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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
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3
Q

What are the 4 elements of Style of Cause?

A

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

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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.

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5
Q

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

A

counterclaim or third party notice

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6
Q

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

A

false

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7
Q

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

A

not less than, at least

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8
Q

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

A

material

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9
Q

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

A

relief, plaintiff

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10
Q

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

A

true

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11
Q

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

A

Affidavit of Personal Service

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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

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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

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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)

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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.

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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
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17
Q

What does the verb “to file” mean?

A

enter a document in court - court stamped

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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

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19
Q

what are the four stages of a civil action?

A
  1. pre-notice of civil claim
  2. pleadings
  3. discovery
  4. trial
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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

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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

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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.
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23
Q

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

A

12 months

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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

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25
The amount of general damages claimed should not be stated in the pleadings (true or false)
true
26
only a ______ can hear Rule 9-7 Summary Trial application
Judge
27
What is another term for style of proceeding?
Style of Cause
28
The court may order an alternative method of service when it is _______ to serve a document pursuant to Rule 4-3 (personal service)
impracticable
29
what are the two main purpose of pleadings
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
When counting clear days, you must have a landing day (true or false)
true
31
Provincial Small Claims court has jurisdiction in matters involving $________ or less
35,000
32
Unless otherwise agreed by the recipient beforehand, a document of 30 pages of more may be ordinarily served by fax only between ____ and ____
5:00 pm and 8:00 am
33
When should an application for an Order for the renewal of a RENEWED Notice of Civil Claim be made?
Before it expires/before its expiry date
34
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
1. 21 days 2. 21 days 3. 35 days 4. 49 days
35
How does a plaintiff notify defendants of their initial address for service?
notice of civil claim
36
Civil small claims under what $ amount will be resolved by the Civil Resolution Tribunal (CRT)?
$5,000
37
How long does a party have to prepare and serve a List of Documents after the expiration of the pleading period?
within 35 days
38
What is the legal TEST for claiming litigation privilege over a document?
dominant purpose of anticipated/contemplated or actual litigation
39
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?
1. application to examination for discovery 2. witness fee
40
Who will be involved at an examination for discovery? (when legally disabled parties are not involved)?
1. the parties 2. their lawyers 3. the court reporter
41
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.
at least 7 days
42
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 ______
1. 14 days 2. deemed to be admitted
43
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.
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
If a Notice of Civil Claim did not contain sufficient particulars, what steps could the defendant take to obtain the particulars? 1.____ 2.____
1. Demand them in writing 2. Then apply for a court order
45
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
1. Affidavit 2. 21 days of receipt of the interrogatories
46
What is the latest opportunity in an action that a party has to conduct an examination for discovery before trial?
at least 14 days before trial
47
The default is that all civil trials will be heard with a judge and jury (true or false)
false
48
The filing window for a trial certificate is at least ___ days but not more than ____ days before trial
14, 28
49
What is the Rule 11-6 deadline for service of expert report?
at least 84 days before the trial
50
A Notice of Application must be filed and served at least _______ business days before the date of the hearing
8 business days
51
What is the document filed with the court and served on all parties to secure the date of trial?
Notice of Trial
52
What is the name of the document filed by a party seeking a chambers application?
Notice of Application
53
A Trial Management Conference (TMC) must be held at least ______ days before the start of trial
28 days
54
Documents attached as evidence to affidavits are called
exhibits
55
All exhibits attached to affidavits must have a stamp that must be signed by the person swearing the affidavit
false
56
All XFDs must be completed no later than at least _____ days before trial
14
57
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
35
58
Describe privilege test
the dominant purpose for obtaining or producing the documents was for actual or anticipated litigation
59
Who is involved in XFD?
The parties, their lawyers, the court reporter
60
What documents should you serve on the party to be examined? and when is the deadline?
application to examination for discovery, proper witness fee, and at least 7 days before the examination date.
61
The person to whom the interrogatories are directed must serve answers in affidavit form within ________
21 days
62
A party who is entitled to examine a witness must personally serve the witness with 1. 2. by when? maximum of how many hours?
1. Subpoena to witness 2. witness fee at least 7 days before the examination date maximum of 3 hours
63
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
14 days
64
a request for further particulars must be made in writing and further particulars must be served within ____ days of the demand
10
65
The plaintiff must file and serve a Trial Brief at least _____ before the TMC
28 days
66
All other parties must file and serve a Trial Brief no later than _____ days before TMC
21
67
trial record must be filed at least _____ days before but not more than _____ days before the trial.
14, 28
68
who has to file a Trial Record?
the party who files a notice of trial
69
who has to file a trial certificate?
each party of record
70
give me examples of disbursements
photocopying registry fees couriers clinical record medical record conduct money

Legal Administrative Assistant (3 decks)

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