Civil Law In Action Flashcards
Conciliation
The conciliator suggest a solution to the dispute
Mediation
Guides discussion with the parties
Ensures both sides are heard
Encourages parties to reach an outcome
Arbitration
Listens to both sides. Encourages the parties to reach a settlement themselves but if they don’t a binding decision will be made
Judicial determination
Judge or Magistrates listen to both side of the story and ensures rules of evidence and procedure are followed
Advantages of dispute resolution other than judicial determination
Less Money and time
less stressful
Disadvantages dispute resolution other than judicial determination
the decision is not binding except though arbitration
Not suited to all types of personalities
Letter Of Demand
A letter outlining the plaintiffs claim and the remedy sought
Statement of Claim
It contains an outline of what the plaintiff is claiming and a statement of remedy required
Statement of Defence
It contains the defendant version of the facts and is sent to the plaintiff
Interrogatories
Questions that are answered under oath by either side
Discovery of Documents
A demand by either party too see the documents of the other party
Certificate of readiness for trial
a statement singed by both parties, that they are ready to proceed with a trial
Burden of Proof
plaintfiff
Standard of proof
Balance of probabilities
Are Juries necessary in a civil law
optional, Only if a party request for one
