COMM231 Lecture Notes - Lecture 3: Counterclaim, Adversarial System, Leading Question

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Litigation litigant parties plaintiff & defendant. Stages of litigation: in this case private law, say suing for breach of contract. Statement of claim states how the other party breached the contract. In the first paragraph the plaintiff will explain what he/she wants the court to give him/her. In the rest of the statement of claim the plaintiff will explain how the defendant breached the contract. In the statement of claim it will explain to the defendant what he or she needs to do. Pleadings serve you have to serve or notify the defendant in person that they are being sued. The plaintiff has to fill an affidavit of service. Then the plaintiff can go to the court and ask that the defendant be noted in default. So the plaintiff can go and and after the defendant is noted in default then the allegations of the plaintiff stop being allegations and become facts.

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