Review Questions - Chapter 7
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Canadore College *
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LCN015
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Law
Date
Nov 24, 2024
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Uploaded by wickkier
Review Questions – Chapter 7 1.
Edward Egregious, I.M. Just’s law clerk, has just interviewed a client and intends to transcribe his notes into a statement of claim and issue it. Have you any advice for him?
a.
Be sure to speak to the lawyer to understand the instructions and the theory of the case. b.
Assemble and review the interview notes from meetings with the client and with any witnesses also review client documents, expert reports, or any other evidentiary material that you have. c.
Look at the precedent so it can show you the proper format.
d.
Prepare an outline. e.
Type out or dictate a first draft. f.
Revise and polish the draft after getting the client and lawyer feedback. g.
Check for internal consistency.
h.
Give the document a fast read to see that it flows logically and that the facts and law as pleaded support the theory of the case. i.
Avoid jargon and legalese. 2.
Can Edward claim $15,000 for costs in the space provided on the boilerplate for costs?
a.
The amount for costs should not be an astronomical sum and should reflect the cost of an uncontested action where the claim is paid right after it issues. An amount between $800 and $1,500 should be sufficient.
3.
Edward thinks that the paragraphs in a pleading should be lengthy and detailed. Is he correct?
a.
No, the body of the pleadings following the boilerplate is set out in consecutively numbered paragraphs. As far as possible, each allegation should be set out in a separate paragraph. This may make for some two-
or three-sentence paragraphs, which may seem short to you, but they are appropriate for pleadings.
4.
Edward wants to know the order in which information is to be presented in a statement of claim. Tell him what that order is.
a.
General heading and title of proceedings
b.
Prescribed text c.
Claim for relief: Rule 25.06(9)
d.
Cast of Characters
e.
Facts and law underlying the claim,
f.
Plead material facts but not evidence: Rule 25.06(1)
5.
You are a law clerk in the Offices of Doo, Wee, Sue & How. You have been asked to draft a claim for a new client. You go off to the office library to get the precedent binder, only to discover that the office dog has eaten its contents. What can you do to find a useful precedent?
a.
You can look at public law libraries or online. 6.
In the following paragraphs, indicate which parts are material facts and which parts are evidence.
a.
The plaintiff states that the area was not properly lit. A lighting expert who examined the site confirmed this.
i.
Material b.
The plaintiff states that the area was not properly illuminated. The defendant admitted this to the plaintiff at the time of the accident.
i.
Evidence c.
The standard of care exercised by the defendant was well below the standard followed by other engineers. One engineer referred to the standard as “antique,” claiming no one she knew used it.
i.
Material d.
The defendant drove her car down Mill Lane at an excessive rate of speed for the road
conditions. The speed was in excess of the stated speed limit.
i.
Evidence e.
In borrowing from the plaintiff, the defendant failed to disclose that he was about to be petitioned into bankruptcy. The defendant knew this because he had received a letter from another creditor advising him that he would be petitioned into bankruptcy if he did not pay what was owing.
i.
Evidence 7.
In drafting Abigail’s claim, suppose Edward set out the facts leading to Abigail’s fall, the damages sustained, and then followed with a statement that the defendant Fred was negligent and caused harm to the plaintiff, for which the corporate defendant is legally responsible. How would you advise him in improving his efforts?
a.
Set out the facts b.
Admissions of allegations
c.
Denials of allegations
d.
Allegations in the claim of which the defendants have no knowledge.
8.
Edward wants to plead that Fred was negligent in turning off the spotlights or in the alternative that he did it knowingly or with reckless intent. Can he do this?
a.
No, because if the defendant wishes to deny some and admit other allegations such as the defendant admits that two of the four spotlights were off but could deny that the area was not well illuminated. 9.
Is it permissible for Edward to plead negligence in the claim and to state in the reply to the statement of defence that the defendants conspired to injure Abigail intentionally?
a.
No
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