Unit 1 - Chapter 4

Question 1

An ______ provides a range of options for resolving disputes as an alternative to litigation

Answer 1

alternative dispute resolution

Question 2

In international transactions, _____ is advantageous b/c it can overcome the difficulties with international litigation relation to choice of law and jurisdiction

Answer 2

arbitration

Question 3

the time period specified by legislation for commencing legal action is known as the _____

Answer 3

limitation period

• -> varies widely depending on the nature of the lawsuit and the province
• -> right to sue is lost after the applicable period of time ends

Question 4

What are the four stages in most lawsuits?

Answer 4

1. Pleadings - each side files formal documents setting out their claims and defences
2. discovery - each side shares its evidence and cross-examines the other to gain evidence
3. trial and decision - “costs” will normally be paid for by the loser
4. enforcement - winner can collect judgement by using seizure and garnishment procedures

Question 5

________ is the obligation of the plaintiff to prove its case “beyond the balance of probabilties”

Answer 5

burden of proof

Question 6

____ are the formal documents concerning the basis for a lawsuit

Answer 6

pleadings

Question 7

A claim by the defendant against the plaintiff is known as a _____

Answer 7

counterclaim

Question 8

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

Answer 8

discovery

Question 9

A ______fee is a fee based on a %age of the judgement awarded and paid by the client to the lawyer only if the action is successful

Answer 9

contingency

Question 10

Overall, ____ risk is much higher in the USA than Canada

Answer 10

litigation