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Legal Blog:
May
31
2013
I have to go to trial soon. Can anyone who wants from the public watch my private business being discussed at a civil trial?
Almost always the answer is yes. Civil trials are open to the public. However, very few civil trials are of interest to anyone other than the parties involved, unless there are celebrities involved or the details of the case are particularly titillating. Most often the court is empty at civil trials except for the parties themselves.
Continue Reading >May
30
2013
What is a summary judgment motion?
In some cases one of the parties (hopefully the other guy!) has such a weak case, that the other party thinks a trial is unnecessary. That party will bring on a summary judgment motion. Essentially you go to court and ask a judge to dismiss the other party’s claim or defence on the basis that there is no issue in question requiring a trial. If the judge agrees, he or she will grant the motion, or a judge could disagree and order a trial.
Continue Reading >May
29
2013
What is liability?
In civil lawsuits you must prove liability and damages. Liability is the aspect of the case where you show that someone else should be responsible for compensating you. For example, someone has broken the terms of a contract with you, or done some action (or inaction) that has caused you or your business harm for which you should be compensated (damages).
Continue Reading >May
28
2013
What are damages?
Generally, in a civil lawsuit you need to prove liability and damages. Although there are different types of damages, simply put, the damages are the compensation you receive (most often money) in a court order after you win at trial. If someone has broken a contract, or harmed you, but you have suffered no loss, then usually there is no point suing, because you have suffered no damages.
Continue Reading >May
27
2013
I am going to trial soon. Will there be a jury?
Juries are not usually used in civil trials. The trial judge usually makes the decisions as to liability and damages. The main exception to this rule of thumb is personal injury cases, where juries are commonly used.
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24
2013
What happens at a pre-trial?
A pre-trial is usually the last step prior to trial. The parties and their lawyers meet with a judge (not the judge who will hear the trial). The pre-trial judge then attempts to see if there is a possibility of the parties compromising, to settle the matter. If that is not possible, the judge then reviews the matter to make sure the parties have complied with all procedures and are ready to go to trial.
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23
2013
What is mediation?
Mediation is the process whereby the parties to a lawsuit meet with an objective, independent third party (the mediator), who tries to bring the parties closer together to settle a dispute. Although a mediator might express an opinion on the strength or weakness of a case, a mediator is not there to judge. The mediator simply tries to push the parties towards settlement. A mediator has no power to force either party to settle if they choose not to.
Continue Reading >May
22
2013
What if I am sued, but I want to sue them too?
Often in lawsuits there are counterclaims or set off. A counterclaim is when the party being sued has a grievance against the party who started the lawsuit. So essentially the parties end up suing each other. Set off is when the defendant states that the plaintiff should not recover some or all of the money they are seeking, because the plaintiff owes money to the defendant for some reason. In this situation, the defendant does not necessarily sue the plaintiff, as is done in a counterclaim.
Continue Reading >May
21
2013
Are there alternatives to starting a lawsuit?
Sometimes large, complex contracts will contain arbitration clauses. Arbitration is a private, parallel system that is meant to be faster and less expensive than traditional lawsuits. If the contract contains an arbitration clause, a party must usually take advantage of it right away, and must avoid taking part in a lawsuit on the matter first.
Continue Reading >May
17
2013
What is an “out of court” settlement?
The vast majority of civil cases never go to trial. That is because civil litigation is usually expensive, and it takes a long time. Most parties want to get on with their lives, so at some point in the process (or at several points in the process), the lawyers and parties will discuss settlement without a trial. The parties negotiate, but neither side is obliged to settle if they don’t like the terms being offered.
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