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DAY 6 Chapter 16:Pre-trial Procedures Review Questions If Abigail wants to have her trial held in Toronto, when must she decide this and how must

DAY 6

Chapter 16:Pre-trial Procedures

Review Questions

  1. If Abigail wants to have her trial held in Toronto, when must she decide this and how must she let the defendants know?
  2. Are there any limitations on Abigail's choice of place of trial?
  3. If Fred does not want the trial to be held in Toronto, what must he do?
  4. If the parties agree that the place for trial should be changed to London, is the court obligated to change the location?
  5. Who is most likely to want to set this case down for trial, and how must that party do it?
  6. What are the consequences of a party's setting a matter down for trial?
  7. What is an administrative dismissal and what is the general procedure that applies to it?
  8. What is the purpose of a pre-trial conference?

The purpose of a pre-trial conference is to attempt to settle a case or narrow the issues.

Discussion Questions

  1. Abigail does not want to have a jury trial. However, Fred believes he will do better with a jury than without one. He thinks the jury will not be sympathetic to Abigail if he can show that she was drunk. Can Fred ask for a jury trial even though he is a defendant?
  2. If Rattle Motors Ltd has brought Skunk Motorcar Company Ltd into the action, what must be done to set the matter down for trial?
  3. If Rattle Motors Ltd has made an admission in its statement of claim that Abigail fell on its premises, what would Rattle have to do to withdraw it? What criteria would determine whether a withdrawal could be made?

Chapter 17:Trial Preparation and TrialReview Questions

  1. What is a trial brief, and who uses it? How does it differ from a trial record?
  2. What are the three types of evidence that may be introduced in a trial?

How is evidence usually admitted at a trial?

Discussion Questions

  1. Your instructing lawyer is calling Dr Hardy Ames as an expert witness. Dr Ames is an engineering professor at Trent University. He has a PhD in chemical engineering. What must the lawyer do to ensure that Hardy's evidence will be heard?

  1. John Doe is suing Mary Smith. Draft a summons in the case for the plaintiff's witness Dan Doe. Dan lives at 1400 Winding Lane, Peterborough, Ontario, L4T 7Y6. The trial is to take place in Newmarket. There is a distance of about 120 km between Peterborough and Newmarket. The trial starts on March 15, year 1, and the witness will be needed for one day of testimony.

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