AFM231 Lecture Notes - Lecture 4: Small Claims Court, Counterclaim

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People will still negotiate after litigation is completed. Judicial common law: each plays a role in creating law, relevant interaction between the branches. Familiarity with major stages of litigation process. Pre-trial matters (mediation, pre-trial conference, etc. : trial. Post- trial matters (appeal, enforcement of any award: major stages. Pre-trial something do tend to happen: may take years to get to the trial stage, usually does not end at trial, can extend beyond this in trying to obtain a judgment and dealing with appeals. Each party to litigation should file pleadings. If a defendant, ignoring statement of claims can have major negative outcomes. Set out in writing factual allegations of all parties as well as they relevant law all parties intend to rely on prove and/or defend claims. Not all claims made in pleadings will necessarily be pursued with the same degree of intensity. Pleading must be filed by the plaintiff. Help to navigate if they do not have a lawyer.

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