Background & purpose of the system 1 basic institutions, processes, and players 3

Process Overview

1. 
   Preliminary issues → lawyers and clients; courts and jurisdictions; notice and limitations; people; choice of process; etc.
   
2. 
   Commencing proceedings → statement of claim/defence; set out allegations, demands, defenses; pleadings
   
3. 
   Expanding proceedings → joinder; cross; counter; third party claims; class action
   
4. 
   Process management and dispute resolution → case management; mandatory mediation; offers to settle; ADR
   
5. 
   Discovery – evidence gathering process → documents; materials and statements; “depositions”; experts and other
   

6. 
   Disposition without trial → determination before trial; summary judgment; etc.
   

7. Injunctive relief

8. TRIAL

9. Appeal

2. PLURALISM OF PARTICIPANTS AND PROCESSES

Issues to Consider

• 
  This class looks at questions of “who?”, “what?”, and “why?”, and considers questions of “how?”
  
• 
  Pluralism of norms, laws and participants
  
• 
  Pluralism of processes
  
• 
  The role of lawyers and the legal profession
  
• 
  Connecting procedural tools with just outcomes
  

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