B LAW301 Lecture Notes - Lecture 2: Small Claims Court, Alternative Dispute Resolution, Professional Liability Insurance
3 Apr 2017
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Litigation: the system of resolving disputes in court. Some organizations (corporations) but not others, i. e. usually not unincorporated associations like clubs or church groups. Special rules apply when suing governments, i. e. crown immunity: can(cid:3244)t sue the government without some sort of special permission. Definition: allows a single person or a small group to sue on behalf of a larger group of claimants. Allows small individuals to take on large organizations. Cost effective way to sue for small but wide-spread claims. Threat of class action may prevent wrongs from occurring in the first place. Group litigation promotes citizen empowerment and deliberation. Victims have the opportunity to tell their story in a public proceeding. Common issues: there must be common issues amongst all class members. Representative plaintiff: they must demonstrate a workable plan for fairly representing all class members(cid:3244) interests. Notification: the representative plaintiff must have a workable plan for notifying potential class members.
