What Laws Does a Person Need to Know About When Involved In a Lawsuit?
A Lawsuit Involves Both the Procedural Law, Being the Court Rules For How a Lawsuit Is Conducted, As Well As the Substantive Law That Applies to Specific Issues Within the Case Under Review. Some Common Procedural Law and Substantive Law Issues That May Arise During a Lawsuit Are Explained Below.
Understanding Procedural and Substantive Law Topics and Legal Issues Common to Litigation Matters
Legal matters, and in particular civil litigation, often involve a broad complexity of facts, issues, and laws, that comprise an overall case wrought with potential for many twists and turns. During the course of litigation, it is necessary that the participants adequately understand the procedural rules involving admissibility of evidence, the onus of proof and the burden of proof, the legal cause of action involved, the jurisprudence that interprets and defines provisions within statutes, and much more. Accordingly, the various articles provided below are to assist as a helpful guide to greater understanding of what should be known; however, as with all information provided by this website, these articles are for informational purposes only and intended merely as an insightful overview for curing of curiousity Prior to taking action or making use of any information provided herein, always seek and obtain advice from a qualified legal professional.
Litigation within the Small Claims Court, even for what may appear as a straightforward breach of contract case, always deserves careful review and informed...Learn More
In civil litigation, meaning a lawsuit, the Plaintiff must prove that the allegations are true on a balance of probabilities as opposed to the beyond a...Learn More
What Are Punitive Damages? A Punitive Damage May Be Awarded Within a Case Where the Court Deems That the Misconduct By the Defendant Was So Outrageous That...Learn More
What Happens If Parties Agree to Contract Terms But Then Ignore the Contract Terms? When Parties to a Contract Show a Lack of Intention to Enforce the...Learn More
Upon settling a legal dispute, the law implies and expects that the party on the defensive will require a signed Release from the other party.Learn More
For a Motion to Dismiss, per section 137.1 of the Courts of Justice Act, commonly known as a SLAPP motion, the Small Claims Court lacks jurisdiction.Learn More
After a breakup, the formerly dating couple may engage within a legal dispute over whether money provided during the relationship was a loan or a gift.Learn More
When Is a Court Allowed to Hear a Discrimination Case Rather Than the Human Rights Tribunal of Ontario? A Court Is Authorized to Hear a Case Involving a...Learn More
The pleading documents for a lawsuit should avoid references to any resolution terms discussed.Learn More
The statements within a lawsuit pleading, whether as a claim or a defence, must allege facts that are relevant to the allegations, are potentially provable,...Learn More
The law despises waste and the doctrine of mitigation, being the duty to mitigate, is the mechanism that imposes an obligation upon a harmed party to take...Learn More
Most small businesses are owned and operated by the shareholders. Indeed, in many incorporated small businesses the shareholders are also the officers,...Learn More
A Helpful Guide to Understanding That Employees Are Without Personal Liability Protection for Negligent Conduct Occurring While Acting For a Corporate...Learn More
Liability protections usually available for owners of an incorporated business may be lost without properly holding out and identifying the corporate identity...Learn More
What Is the Difference Between a Cost-Plus and Fixed-Price Contract? A Fixed-Price Contract Provides For a Flat Cost With Adjustment Only For Change Orders...Learn More
Potholes and other hazards can pose significant risk to persons and property. While many incidents with roadway hazards result in only relatively minor...Learn More
The McDonald's hot coffee case, Liebeck v. McDonald's is likely the most notoriously known civil litigation cases of all time; however, the case is probably...Learn More
Stress injuries, meaning emotional concerns such as anxiety, annoyance, disappointment, distress, fear, frustration, loss of peace of mind, upset, among other...Learn More
The potential for legal issues to arise from incidents involving tree ownership or tree management is significant. Among other things, legal issues may...Learn More