Term
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Definition
- - The party who commences the civil action or brings the law suitÂ
- They are arguing that their rights have been infringed and are seeking some form of compensation or restoration from the defendant.
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Term
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Definition
- The party who is being sued by the plaintiff
- They are the ones alleged by the plaintiff to have infringed the plaintiff's rights and cause them injury or loss
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Term
| Civil pre-trial procedure |
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Definition
| Purpose - make sure both parties are informed about the details of the legal action through exhange of documents - Inform the defendant that legal action is being taken against them - Allows parties to determine whether its worthwhile pursing case, may result in an out of court settlement |
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Term
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Definition
- Pleading are documents filed with the court (supreme court) and exchanged between the parties so that the details of the claim is known.
- Pleadings inform the parties of the claim agaisnt them and inform the court of a potential case
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Term
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Definition
- To encourage out of court settlement
- Make sure both parties are ready for trial
- Limit the area of the dispute by encouraging the parties to agree with as many point as possible
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Term
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Definition
- A writ is the legal document tat is prepared by the plaintiff's solicitor and loged with the Supreme Court and a copy given to the defendant
- Informs defendant of case agaisnt them, the remedy sought and compels them to appear in court
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Term
| Statement of Claim (Plaintiff) |
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Definition
- Document from the plaintiff's solicitor that is sent to the defendant
- It explains the specific details by rhe plaintifss claim, such as the facts alleged by the plaintiff and the remedy being sought
- Usually attached to the writ
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Term
| Notice of Appearance (Defendant) |
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Definition
- If the defendant wishes to defend the case against them they must enter two copies of a N.O.A with the court and the plaintiff
- This informs the plaintiff and court that the defendant intends to defend the claim
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Term
| Statement of Defence (Defendant) |
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Definition
- The defendants's response to the allegations made by the plaintiff in the S.O.C
- Written by the defendant's solicitor and sent to the plaintiff. Provides details of the defendant's defence and any allegations admitted/deniced and their version of facts
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Term
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Definition
- The defendant may bring a seperare action against the plaintiff, suing them for damage or injury
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