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FLK 1 > Disputes > Flashcards

Disputes Flashcards

1
Q

Advantages of litigation?

A
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2
Q

Disadvantages of litigation

A
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3
Q

What is a pre action protocol

A

Pre action protocol explains the conduct and sets out the steps that the court would normally expect parties to take before commencing proceedings for particular types of civil claim

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4
Q

What is the practice direction on pre action protocol?

A
  • the default protocol for parties to follow if their claim does not have their own pre action protocol
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5
Q

What does statue barred mean?

A

Where a claimant can no longer bring a claim because the prescribed limitation periods has passed

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6
Q

What are the exemptions of the limitations period

A
  • where ADR has not concluded before the limitation period
  • or in a personal injury case - the prejudice to the claimant outweighs the detriment on the defendant
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7
Q

How do you calculate the limitation period and what is the limitation periods for tort and contract?

A
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8
Q

Give me four out 13 disputes that have pre action protocols

A
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9
Q

Where should a civil claim begin

A

Depends on the value of the claim

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10
Q

What form should be used to start proceedings and what contents does it have?

A

Claim form - N1

Contents

Claimants name and address
Defendant name and address
Brief details of the claim
Value of the claim
Preferred county court location
Particulars of claim
Statement of truth
Defendant addresses used for service
Legal representative to correspond with

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11
Q

What are the steps to consider when serving a claim form?

A

How to send it - whether the relevant step has been completed?
Where to send the claim form.
When to send the claim form

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12
Q

What are the different types of service and what are their correspond steps?

A

Personal service to individual - (legal the form on relevant address) - (individual)leaving the claim form with the defendant, (company/partnership) leaving it with a senior member or partner.
Personal service to address - leaving it at the address
First class post - posting the claim form
Document exchange - leaving it with document exchange service
Fax - completing the transmission.
Email - sending the email

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13
Q

What are the apporiate place to send it to?

A
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14
Q

When do you send the claim form to Defendant

A

Within 4 months of court proceedings

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15
Q

How do you count time in civil claims?

A

“Days” mean clear days. That means the day on which the period begin is not counted.

If the period ends on a specific date (i.e 15 July), that day is included.

If the period ends in reference to an event i.e trial, then that day is not include

Where a period is 5 days or less, the weekend and bank holidays do not count.

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16
Q

When is a claim form deemed served?

A

On the second business day after the relevant step.

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17
Q

When are other forms/documents deemed served?

A
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18
Q

When must the particular of claim be served after the claim form to the defendant and then court and what should be provided with the particulars of claim?

A
  • 14 days of service of the claim form.
  • 7 days of service to the defendant - to the court

The response pack
1. Form of admission
2. Form for defending
3. Form of acknowledging service

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19
Q

Adding, removing or substituting a party: who can make the application and what needs to be filed?

What are the ground and what happens when it is granted?

A

Either party, the new party, or the court can make the application.
The application notice, an amending copy of the claim form and particulars of claim, and (where a claimant is being added - their written consent) needs to be filed.

Grounds depends on whether limitation period has passed

Limitation period has not passed
- it is desirable to add new party so that the court can resolve all matter in one setting
- there are issues concerning the existing party and new party which is connected to the proceedings and it would be desirable to resolve it in one setting.

Limitation period has passed
- the new party is to substitute existing party who was mistakenly named
- the claim cannot proceed unless the new party is added or substituted.
- the existing party has died or has a bankruptcy act filed against them thus the liability has passed to another.

If granted - the order would need to served to every party to the claim and affected by the claim

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20
Q

Change of cause of action - how do you do it?

A

If documents has not been served - then no permission is needed.

If documents has been served then you need either:
- the written consent of all parties
- the courts permission

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21
Q

When do you need to serve the claim form by outside England and wales

A

6 months from date of issue.

Remember permission is needed out of jurisdiction.

For within EU, only need permission post 1 January 2021. (Post withdrawal from EU)

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22
Q

What options are there for a defendant when they receive a particulars of claims? And when does this need to happen by?

A
  1. Admit the claim in whole
  2. File a defence and admission in part
  3. File an acknowledgement of service - extends time to file a defence to 28 days from service of deemed date PoC, a further 28 days can be given either by the claimants’ agreement or the courts
  4. File a defence

Defence and acknowledgment of service needs to be filed 14 days of deemed date of PoC

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23
Q

How can you admit to a claim in part or in whole

A

Depends on whether it is a specified or unspecified claim.

specified in full
D may admit in full and offer to pay the payment within a specified time.

Specified in part
D may admit in part, and offer to settle. The C has 14 days to decide whether they accept.

Unspecified in part or whole
The court will stay the claim and arrange to list the matter for a disposal hearing - the court will determine the sum payable to the C.
The D can make an offer to settle - which the court will ask the C if they accept

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24
Q

What is a specified claim and what is an unspecified claim

A

Specified - a claim for a fixed amount of money owed by the D to the C

Unspecified - a claim in tort is where the amount of money rewarded is to the courts discretion

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25
Q

What can a claimant do if the D has not responded to particular of claims with 14 days of deemed service.

A

They can file a judgement in default - a judgement in favour of the claimant. The C can apply for this if they can prove
1. They validly served the PoC
2. The D did not respond it the required time.

The C might fail if D has made a request for a summary judgment or a struck out.

If the claimant succeeds
Specified - D will pay full amount including interest as long as C provides proof of debt and interest payable
Unspecified - Enter judgment in C favour and set a hearing to determine what D should pay

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26
Q

What is a summary judgment and what is a struck out?

A

Summary judgment - an application made by either C or D that the other party has no reasonable chance of succeeding.

Struck out - when the court orders materials to be deleted so a party can no longer relied upon

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27
Q

How can a defendant apply to set aside a judgment in default

A

Grounds

They would need to apply promptly

Mandatory to set aside - D has filed the PoC in prescribed time OR they had paid and settled the debt before judgment was entered.

Discretionary to set aside - D has a real prospect of defending the claim or there is another good reason they should be allowed to defend the claim.

If successful the court will set aside as if it was never enter but they MAY fix a penalty - fine.

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28
Q

How can the claimant bring an end of the claim?

A

Discontinouce - the termination of legal action by a claimant

Settlement - reaching an agreement with the defendant during litigation proceedings.

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29
Q

What is the procedure for discontinuous?

A
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30
Q

What is the procedure around settlement?

A

They must draw up a consent order - a contract where the C agrees to terminate proceeding in exchange of a sum from the D.

If D breaks this agreement, C will need to start proceeding from fresh.

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31
Q

What is a Tomlin order?

A
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32
Q

Denfnece - contents

A

Admit
Deny - have to explain why
Require proof

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33
Q

What are the grounds of strike out

A
  1. The statement of the case does not disclose no reasonable ground for bringing or defending a claim
  2. The stamens of the case is an abuse of the court power or is likely to be an obstruction to just disposal of proceedings
  3. There has been a failure to comply with a rule, practice direction or court order.
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34
Q

What does “stay proceedings” mean?

A

Put a halt to the legal proceedings

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35
Q

Do you need permission to serve a claim form outside of jurisdiction?

A

You don’t need permission if there is an England or Wales clause.

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36
Q

All forms of ADR are ‘without prejudice’ what does that mean?

A

Yes. It means that parties cannot disclose information used in the ADR process if there was no resolution to the matter. It will thus go to the court for determination

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37
Q

What is a statement of truth

A

can be found in the claim form as well as other forms.

Where the person signing confirms that the facts stated in the documents are true.

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38
Q

What are aggravated and exemplary damages?

A

Exemplary damages - intended to punish the defendant if allegations are proven to be true. To deter others from following suit.
Aggravated damages - additional damages for mental distress, injury or feelings caused by the defendants behaviour.

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39
Q

What could a claimant do if they wish to put correct the version of events from the defence statement.

A

Submit a reply to defence.

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40
Q

What is a part 20 claim?

A

An additional claim brought by the defendant to the proceedings after they ave been served with the claim form and particulars of claim.

Split into 2 categories; counterclaims and other additional claims .

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41
Q

What are the two forms of counter claim and who has the burden of proof

A
  1. Counterclaim against the claimant
  2. Counterclaim against the claimant and another person

Burden of proof in counter claim:The defendant.

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42
Q

How would you draft a part 20 counterclaim

A

In the same way as particulars of claim.

The defence and part 20 counterclaim form the same document but draft the defence first. You would have to pay a court fee too.

Te counterclaim is considered to be part of the same overall proceedings.

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43
Q

What are the part 20 other additional claims?

A

1) an additional claim by a defendant against any person already in the proceedings claiming a contribution or indemnity.
2) an additional claim by a defendant against any person already in the proceedings claiming a remedy other than contribution or indemnity.
3) an additional claim by a defendant against any person not already in the proceedings claiming contribution or indemnity or another remedy.
4) an additional claim by a party who was brought into the proceedings by a part 20 claim.

44
Q

Which part 20 claims need permission

A
45
Q

What is an interim application?

A

An application made after the proceeding have commence (claim form, particulars and defence) but before it has reached trial.

46
Q

What is the procedure for an interim application?

A
  1. Application form (N244) which requests the court to make an order or give directions.
  2. Draft order - a draft of the order the applicant wishes the court to make
  3. Evidence - i.e. witness statement, includes details of why the order or direction is being requested and should include evidence to support the facts that are being relied on.
  4. Skelton argument if the high court - a written document which summaries the legal and factual issues involved and the arguments that are being submitted regarding the issues.
  5. Fee
47
Q

After an interim application is submitted, what is the result dependant on?

A

Whether it was made with or without notice to the respondent

48
Q

Recall the procedure for with notice application

A
  1. Applicant make the applicant
  2. Applicant serves notice with relevant documents to the defendant 3 day before hearing.
  3. Respondent replies with any evidence as soon as possible (no deadline unless court specifies one)
  4. The applicant replies to respondent with any further evidence if they wish.
  5. Hearing
    6, court accept or rejects the application.
49
Q

Recall the procedure for without notice application.

A

Grounds for without notice - giving notice would defeat the purpose as it would give the respondent time to dispose the assets before the hearing.
1. Applicant makes application
2. The applicant must explain in great detail, wit evidence why notice was not given and provide a witness statement setting out all the facts.
3. The court will scrutinise the information and evidence before making an order since respondent can’t defend themselves.
4. Court accepts or rejects order.
5. If accept, applicant must serve notice with relevant documents to the defendant and a brief statement explaining their right to have judgment set aside within 7 days
7. The court may order both parties to return for a full hearing

50
Q

What are the grounds for interim application - summary judgment

A
51
Q

What is the procedure for interim application - summary judgment

A
  1. Applicant makes an interim application with the addition of an witness statement explaining how the 2 stages grounds test is met.
  2. The respondent must be given at least 14 days notice of the hearing date
  3. Respondent must give any evidence they wish to rely on 7 days before hearing
  4. The applicant can give further evidence in response 3 day before hearing.
52
Q

What summary judgment orders can be made?

A
  1. Judgment on the claim - claimant bring application against defendant and gets judgement in their favour. Case ends.
  2. Dismissal of claim - defendant bring application against claimant and case is dismissed in their favour.
  3. Conditional order - claim continues but subject to a particular condition.
  4. Cost order -
    A. One party pays legal costs of the other for application
    B. Costs order is deferred to a later date.
    C. Parties pays for their own costs.
    D. Wasted costs - legal reps pay for their own cost because of their poor conduct.
53
Q

What is an interim application for interim payment and what is the ground and procedure?

A

An interim payment is an amount paid by a defendant to a claimant on account before the court has made its final decision at trial.

Grounds
1. The defendant has admitted liability to pay damages or some other sum of money
2. The claimant has obtained judgement against the defendant for damages or sum of money to be assessed.
3. The court is satisfied that if the claim went to trial the claimant would obtain judgment for a sustainable amount of money against defendant.

Procedure
1. Applicant makes interim application with witness statement of which ground is satisfied
2. Respondent is given at least 14 days notice of the hearing
3. Respondent is required to provide any written evidence 7 days before.
4. Applicant cash reply with evidence 3 day before.
5. Hearing and decision.

54
Q

What is an interim application for interim injunction and what is procedure?

A

Interim injunction - requires a party to do something specific or stop doing something specific pending a full trial.

Procedure depends on with or without notice

55
Q

What are the guidelines for deciding whether an interim injuction should be made and what orders can be made

A

Orders
- grant it temporarily until later decided at trial
- grant injunction allowing defendant to apply to set aside application within 7 days.
- don’t grant the injunction

56
Q

What other specific interim applications are there other than
1. Summary judgement
2. Interim payments
3. Interim injunctions

A
  1. Freezing injunction - an order that prevent respondent from disposing their assets in order to protect possible future payment from a successful claim. The applicant must show that there is a real risk of the defendant dissipating their assets.
  2. Search order - an order that allows an applicant to enter the premises of the respondent to search for and take copies of evidence required for a court case.
57
Q

How are cases managed

A
  • case is allocated to track
  • directions are given out - a list of instructions by to the court to the parties that set out the steps which each party needs to take to prepare for trial and the corresponding deadlines
  • court identifies disputes issues at an early stage
  • decides how those issues will be presented and proved
  • timetable set
  • disposal of cases by summary judgement
  • dealing with matters that doesn’t requires parties to attend court
58
Q

What is the overriding principle?

A

To deal with cases justly and at proportionate time and costs

59
Q

Recall allocation to track

A

Small claims
- Up to 10k
- Personal injury - claim value is not more than 10k and damages not more than 1k
- tenant of residential premises against landlord for repairs - not more than 1k

Fast track
up to 25k:
- trial is likely to last no longer than one day/5 hours
- there will only be one oral expert evidence per party in the form of no more than 2 field expert evidence

Multi-track
- the rest

60
Q

Overview of allocation procedure

A
  1. Defence is filed
  2. Court send out notice of proposed allocation.
  3. Parties filled out directions questionnaire and if the proposed allocation is fast or multi track, then parties also file proposed directions.
  4. Court will allocate (after a hearing if necessary) and serve notice to parties.
61
Q

Can the allocation of track be changed?

A

Yes after a change of circumstances

Can be applied for by either party or the court may independently change allocation.

62
Q

Standardised directions for fast track

A

Disclosure - to take place 4 weeks within the filling of practice directions questionnaire
Inspection - to take place 6 weeks within the filling of practice directions questionnaire
Exchange of witness statements - to take place 10 weeks within the filling of practice directions questionnaire
Exchange of expert reports - to take place 14 weeks within the filling of practice directions questionnaire
Filing of pre trial check list - to take place 22 weeks within the filling of practice directions questionnaire
Trial - to take place 30 weeks within the filling of practice directions questionnaire

63
Q

Who prepare trial bundle

A

Claimant unless they are unrepresented

Trial bundle is a document which contains all the documents of the proceedings that are to be referred to by any party of the proceedings

64
Q

What happens when a case is allocated to multi track

A

A Case management conference or a pre trial review or both.

65
Q

What is a case management review?

A

A case management review is a meeting between judge and the parties to highlight the significant issues in the case , narrow down the issues and discuss and decide on the directions and timetable to follow.

Parties must submit their agreed directions or own proposal 7 day before CMC.

66
Q

What sanctions can be imposed for not following a direction order? In order of severity

A

Unless order - allows party to ratify breach by a certain period or face specific consequences.

Wasted costs - legal representatives to pay their own costs

Interest - defaulting party wont be able to recover interest if they win or innocent party can claim aggravated damages

Payment in court - money must be paid in for the court to hold until the end of the trial.

Costs - defaulting party pays innocent party costs

Disallowing evidence - can no longer rely on the evidence they failed to file before deadline.

Striking out - defaulting party claim is struck out in part or in whole - for more serious breaches

67
Q

What can a defaulting party do to avoid sanction from failing to follow a directions

A
  • apply for a extension of 28 days from the other party (if it doesn’t put any hearing dates at risk), if they refuse or more than 28 days is needed, apply to the courts.
  • apply for relief - will be granted in accordance to these guidelines
    A. Is the breach serious or significant
    B. Consider why the breach occurred.
    C. Balance the overriding principle with the need for promptness and enforcing compliance.
68
Q

Who carries the burden of proof and what is the standard of proof

A

Burden of proof - whoever is making the allegation
Standard of proof - on the balance of probabilities

69
Q

When is evidence admissible?

A

When it is relevant except when it is hearsay or opinion evidence

70
Q

When can opinion evidence be submitted?

A
  1. Based on facts personally perceived by the witness
  2. Expert evidence - given that the court has given permission for expert evidence and the matter is relevant to their expertise
71
Q

Define hearsay in disputes.

A

Statement made outside of court that is repeated inside of court by someone who did not originally make the statement to the particular fact or matter stated.

72
Q

When is hearsay admissible and what is the procedure

A

When it relates to a relevant fact and was perceived by the original person perception.

Procedure

When witness is coming to court - must give notice with witness statement
When witness does not come to court - whole thing becomes hearsay,
- party must give notice, with witness statement, highlighting the hearsay, that they wish to rely on it and why the witness is not being called.
- other party can either apply to the court for the witness to be cross examined or serve a notice on attack on credibility (challenge the witness statement as unreliable) within 14 days of notice.

73
Q

What will the court consider when determining the weight of hearsay evidence?

A
  • the reason why the witness could not attend
  • whether the evidence was made at the same time as the relevant fact
  • whether it contains multiple hearsay
  • whether any person involved had reason to conceal or misrepresent matters
  • whether the original statement was an unedited account or made with someone else for a particular purpose
  • whether the party gave notice
74
Q

Where can rules on expert evidence be found?

A

Directions or a separate application can be made to allow expert evidence.

They may be restricted to one single joint expert depending on the amount and complexity of the issue and the importance of it.

75
Q

What is standard disclosure?

A

The general position on disclosure.

Parties must disclose:

  1. That they intend to rely on that adversely affects their own case
  2. That adversely affects another party’s case
  3. Required to disclose by relevant practice direction
76
Q

What other time of disclosure is there and where are the commonly used

A

Commonly used in multi track

  1. Specific disclosure - disclosure of specific document or classes of documents
  2. Issue by issue disclosure
  3. Order dispenses with disclosure
  4. Any other disclosure order
77
Q

When is a document in the party’s control?

A
  1. If they have it or had it in their physical possession
  2. The party had the right to inspect the document
  3. The party had the right to inspect or take a copy of the document
78
Q

How can another party prevent another party from inspection?

A

If the claim one of the 3 privileges

  1. Legal privileges - communication between client and legal representative with the dominant purpose of seeking and receiving advice
  2. Litigation privilege - communication between client, legal rep or expert in preparation or in contemplation of litigation and for the dominant purpose of litigation.
  3. Without prejudice privilege - document written in the course of negotiations that was a genuine offer in sensible terms by a party who was open to settle.

These privileges can be waived by privilege party.

79
Q

What is the procedure for disclosure and inspection.

A

After the order for disclosure has been made;

  1. A reasonable search is carried out for documents that need to be disclose and a list of documents to be disclosed using form N265 will be prepared. List must be signed by party, confirming the extent of the search for the documents and that they understand their disclosure duty.
  2. List is served by deadline according to dictations order.
  3. Oppositions request any documents for inspection in written notice.
  4. The party complies with inspection request within 7 days.
80
Q

If a party is not happy with the other party disclosure, what can they do?

A

Apply for the following

  • specific disclosure of a document or documents they believe are being withheld or not reasonable searched for.
  • pre-action disclosure of documents they believe are being withheld and therefore cannot reasonable negotiate and conclude the matter.
  • non party disclosure - a party declaring they know of a document which is no longer in their possession but in someone else’s’ possession who is not a party to the proceedings.

Form N244 with accompanying witness statement.

81
Q

How are costs dealt with in each track

A

Small tracks claim - costs awarded are limited to fixed commencement costs (limited fixed costs according to the value of the claim and the way in which the claim was served on the defendant) and third party cost (i.e. court fees and expert fees)

Fast track - legal costs and disbursements are removable but are summarily assessed - court will make their decision based on statement of costs.

Multi track - legal costs and disbursements are removable but are detailed assessed - court will make their decision based on detailed bill of costs, a full breakdown of legal charged and expenses incurred by a party throughout the litigation.

82
Q

What is a cost budget?

A

The document that provides an estimate of reasonable and proportionate costs a party is intending to incur throughout the litigation process.

Under 50k - filed with directions questionnaire
Over 50k - no later than 21 days before case management conference

After approval, if the parties wishes to revise it, must have permission from other party or the court.

83
Q

What are inter party costs and how are they determined

A
  • one party pays for another parties cost in an indemnity or standard basis.

Standard basis
-if not reasonable incurred - item dismissed.
-if not reasonable in amount - item reduced.
-if not proportionate to the item - disallowed or reduced
- if court is unsure - favours the party that is paying

Indemnity basis
-if not reasonable incurred - item dismissed.
-if not reasonable in amount - item reduced.
- if court is unsure - favours the party that is receiving

84
Q

What other costs orders are there other than inter party cost

A

Non party cost - costs order in favour of a third party

Security of costs - defendant makes an application for the claimant to pay in a sum of money to the courts due to fears they wont later pay in. One of the following conditions must be satisfied
- claimant is outside of the england and wales
- claimant is a company and there is a reason to believe that it will be unable to pay the defendants costs
- claimant has taken steps to realise property to make it an enforcement of a costs order difficult (transferring money)

85
Q

What is a qualified one way shift order?

A

For personal injury claims

Where defendant is successful - the claimant wont need to pay for defendants cost as long as they weren’t fundamentally dishonest in their claim or failed to beat defendant part 36 offer.

86
Q

What are part 36 offers and how does one make one?

A
  • incentives to make or accept offers to settle.
  • they are without prejudice up until the trial has concluded and the court is deciding the costs order.

To make a valid part 36 offer
- must be in writing
- must be clear it is made pursuant to part 36
- it must state whether is relates to whole or part of the claim
- it must state whether it includes any counter claim
- must state a relevant period

87
Q

What is the relevant period for a part 36 offer?

A

Must be 21 days or more

88
Q

What is the result of accepting a part 36 offer before trial?

A

claimant offer to defendant
Acceptance within or outside relevant period - the defendant will pay the costs of the proceedings up until the date of the notice of acceptance on the standard basis

*defendant offer to claimant *
Acceptance within relevant period - the defendant will pay the costs of the proceedings up until the date of the notice of acceptance on the standard basis
Acceptance outside relevant period - the defendant will pay the costs of the proceedings up until the date of the expiry of part 36 offer on the standard basis

89
Q

What is the result of not accepting or rejecting a part 36 offer before trial? Where offer is made by claimant to defendant?

A
  1. The claimant is successful at trial and is awarded a sum that is equal to or beat the value of their offer. The court may award the claimant
    A. An additional sum up to 10% for damages up to 500k and up to 5% for damages above 500k - up to 75k
    B. Interest on damages awarded up until the expiry of the relevant period plus costs order on a standard basis in their favour
    C. From the expiry of the relevant period to the date of judgement, the defendant could be liable to pay interest on damages awarded, and claimant costs in indemnity basis and interest on costs.
  2. Claimant is successful at trial but is awarded less than the offer - part 36 will have no effect

3, claimant loses - part 36 will have no effect

90
Q

What is the result of not accepting or rejecting a part 36 offer before trial? Where offer is made by defendant to claimant?

A
  1. The claimant is successful at trial and is awarded a sum that is equal to or beat the value of their offer.
    • part 36 will have no effect
  2. Claimant is successful at trial but is awarded less or the same of the offer - From the expiry of the relevant period to the date of judgement, the CLAIMANT could be liable to pay interest on damages awarded, and DEFENDANTS costs in indemnity basis and interest on costs.

3, claimant loses - claimant will pay defendants costs on standard basis with interest

91
Q

What is the result when both parties make part 36 offers?

A
92
Q

How can you withdraw or amend a part 36 offer?

A

If its more advantages - serve the new one

If is less advantageous or withdrawn -
A. If accepted between notice of withdrawal and expiry of relevant period - court permission
B. If not accepted between notice of withdrawal/amendment and expiry of relevant period - withdrawn automatically

93
Q

Do you need permission to appeal and what are the grounds and test?

A

Always need permission - there is no automatic right to leave

GROUND FOR APPEAL:
- the decision of the lower court was wrong
- the decision was unjust because of serious procedural or other irregularity in proceedings.

Test - PERMISSION WILL BE GRANTED
- the appeal has a prospect of success
- there is another compelling reason to hear the appeal

94
Q

What are the time limits to appeal?

A

County court - within 21 days after the decision
High court - within 28 days after the decision

95
Q

What are the destinations of appeal?

A
96
Q

Recall the methods of enforcement of money claims that were not paid

A
  1. Taking control of goods
    Debts up to £600 - county
    Debts £600 to 5k - county or high
    Debts of 5k - hight court
    2.third party debt order - made to like a bank or something
  2. Charging order - order for their land to be sold
  3. Attachment of earnings offer - only available in county court
97
Q

How can someone enforce a judgement order outside of England and wales?

A
  • register the judgement in that country
  • use the local methods to enforce judgment
98
Q

Do you need permission to serve claim form outside of jurisdiction?

A
99
Q

What are the two forms of ADR

A
  • arbitration - parties present arguments before arbitrator or panel of arbitrators who will pass judgment
  • mediation - mediator helps party to reach agreement
100
Q

Advantages of mediation

A
101
Q

Disadvantage of mediation

A
102
Q

Advantages of arbitration

A
103
Q

Disadvantages of arbitration

A
104
Q

What is in the pre trial checklist and how does this lead to a pre trial review

A

For fast and multi claims

105
Q

Conflicts of Law - CONTRACT

A
106
Q

Conflict of Laws - TORT

A

FLK 1 (7 decks)

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