Civil procedure & disputes
Get on top of civil procedure.
Disputes covers civil procedure and dispute resolution. It requires both the correct rule of court and an understanding of its practical effect for the client. The guides connect the two.
The challenge
Where students get stuck
Two difficulties are common. The first is advising on strategy without grounding it in a rule. The second is stating a rule without applying it to the facts or identifying what the client should do. The topics students find most demanding include jurisdiction and commencing proceedings, pleadings and particulars, discovery and privilege, interlocutory applications, the overarching obligations and case management powers, and the resolution options of mediation and arbitration. Each requires the rule and its consequence together.
How the method applies here
Each rule is paired with its practical effect: name the governing rule of court, apply it to the facts, then state the consequence. Pleadings, discovery, privilege and the case management obligations carry most of the marks, and an answer runs from the facts to the rule to a reasoned recommendation.
The method
One method, every problem
Four steps run every argument: name the issue, state the rule, apply it to the facts, conclude. Almost every legal rule takes one of six shapes. Any of these six shapes may carry a twist. Learn the six shapes and the twist →
Common questions
Civil Procedure & Disputes: common questions
Is this civil procedure?
Yes. Civil procedure and dispute resolution. Jurisdiction, pleadings, discovery and the resolution options.
I know the rules but cannot apply them. What fixes that?
Moving from the facts to the right rule to a recommendation, one step at a time.
Related subjects: Evidence & Proof, Remedies, Torts. See all subjects.
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