LAWS 1000 Lecture Notes - Lecture 2: Small Claims Court, Alternative Dispute Resolution, Public Interest Law
2 Feb 2016
School
Department
Course
Professor
Document Summary
Settlement and collaboration in legal process: alternatives to. Prerequisites for the use of courts in resolution. Courts provide a forum for the settlement of a variety of private and public disputes. Individuals and organisations wishing to use courts to settle must meet certain legal requirement: Involves a conflict viable to go to trial or judicial determination not hypothetical or abstract in character, needs to be conflict that"s either yes or no. Term has went from being a requirement asking whether personal rights have been violated, to a more relaxed notion set by scc as having a genuine interest . Law won"t concern itself w/ trifles like a reimbursement of , even if justifiable in principle. Keeps court from being overflowed w/ loads of issues, keeps courts running efficiently. Limit to prd of time in which lawsuit must be commenced, diff in every prov and territory. Depending on identity of defendant and type of offense.
