LPP 255 Lecture Notes - Lecture 10: Alternative Dispute Resolution, Interrogatories, Equitable Remedy
22 Oct 2018
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Helps manage risks: summary of how a case goes to a trial: (civil case) Summons and service of process : summons tells you when to go to court, answer: you need to defend yourself. Motions : a procedural device to bring a limited, contested issue before a court for decision. Counterclaims : counter sue for the distress of going to court, legal fees, reimbursement, damages, now disputes are going both ways, counterclaims are filed as soon as you file your answer. Discovery : obtaining evidence from the other party such as a request for answers to interrogatories, request for production of documents, anything that is necessary for the preparation of a defense in a dispute, depositions= questioning witnesses. Abc v. another corp: abc"s record of earnings for 5 years. Pro: to see how much they made from the supplier to see if contract is actually exclusive. Against: private earnings have nothing to do with contract (not relevant: abc"s (cid:272)lie(cid:374)t list.
