Ch 4

Question 1

ADR

Answer 1

Alternative dispute resolution : range of options for resolving disputes as an alternative to litigation

Question 2

Negotiation

Answer 2

Process of deliberation and discussion intended to reach a mutually acceptable resolution to a dispute

Question 3

Mediation

Answer 3

An ADR process whereby a neutral person, called a mediator, assists the parties in reaching a settlement of their dispute

Question 4

Arbitration

Answer 4

A method for resolving a dispute whereby a third person (or persons), called an arbitrator, appointed by the parties, makes a decision.

Question 5

Binding

Answer 5

Final and enforceable in the courts

Question 6

Plaintiff

Answer 6

party that initiates a lawsuit against another party

Question 7

Defendant

Answer 7

party being sued

Question 8

Limitation period

Answer 8

time period specified by legislation for comencing legal action after which the right to sue is lost

Question 9

Class action

Answer 9

A lawsuit launched by one person who represents a class of persons having similar claims against the same defendant

Question 10

Pleading

Answer 10

The formal documents concerning the basis for a lawsuit

Question 11

Claim

Answer 11

The formal document that initiates litigation by setting out the plaintiffs allegations against the defendant

Question 12

Counterclaim

Answer 12

Claim by the defendant against the plaintiff

Question 13

Discovery

Answer 13

the process of disclosing evidence to support the claims in a lawsuit

Question 14

Summary judgement

Answer 14

a procedure allowing a party to obtain a judgement on written evidence on al or part of a claim w/o having to proceed to trial. It may be used if there are few factual disputes that require a trial

Question 15

Trial

Answer 15

formal hearing before a judge that results in a binding decision

Question 16

Burden of proof

Answer 16

obligation is on the plaintiff to introduce evidence to prove their case on the balance of probabilities or in other words, that there is a better than 50% chance their claim is valid

Question 17

Decision

Answer 17

the judgement of the court that specifies which party is successful and why

Question 18

Legal Context

Answer 18

in Canada, the loser normally pays the winners costs at the end of the trial, but this rule can be affected by an offer to settle

Question 19

Factual Background

Answer 19

B sued after being knocked down while running on a track on the mcmaster campus

Question 20

Resolution

Answer 20

Because he did not accept the settlement and was unable to better it at trial, the plaintiff was ordered to pay the costs of the some of the defendants for a net loss to the plaintiff

Question 21

Judgement debtor

Answer 21

The party ordered by the court to pay a specified amount to the winner of a lawsuit

Question 22

Appeal

Answer 22

The process of arguing to a higher court that a court decision is wrong

Question 23

Appellant

Answer 23

the party who begins or files an appeal

Question 24

Respondent

Answer 24

The party against whom an appeal is filed