LEG314 - Small Claims Practice & Procedures

Outline info
Semester
School
Last revision date 2017-05-29 00:30:35.39
Last review date 2017-07-17 00:15:30.826


Subject Title
Small Claims Practice & Procedures

Subject Description
As an introduction to Small Claims court, this course will focus on the preparation and filing of documents and processing claims related to Small
Claims.

Credit Status
This is a credit subject applicable towards the Legal Assistant Certificate Program offered through the Faculty of Continuing Education and Training.

Learning Outcomes
Upon successful completion of this subject the student will be able to:

Upon successful completion of this course, the student will be able to:

  • Determine the most appropriate course of action regarding the claim
  • Investigate and research the claim
  • Set pretrial and trial proceeding and motions
  • Prepare judgments and orders

Essential Employability Skills
Communicate clearly, concisely and correctly in the written, spoken and visual form that fulfils the purpose and meets the needs of the audience.

Apply a systematic approach to solve problems.

Locate, select, organize, and document information using appropriate technology and information systems.

Analyze, evaluate, and apply relevant information from a variety of sources.

Manage the use of time and other resources to complete projects.

Cheating and Plagiarism
Each student should be aware of the College's policy regarding Cheating and Plagiarism. Seneca's Academic Policy will be strictly enforced.

To support academic honesty at Seneca College, all work submitted by students may be reviewed for authenticity and originality, utilizing software tools and third party services. Please visit the Academic Honesty site on http://library.senecacollege.ca for further information regarding cheating and plagiarism policies and procedures.

Discrimination/Harassment
All students and employees have the right to study and work in an environment that is free from discrimination and/or harassment. Language or activities that defeat this objective violate the College Policy on Discrimination/Harassment and shall not be tolerated. Information and assistance are available from the Student Conduct Office at student.conduct@senecacollege.ca.

Accommodation for Students with Disabilities
The College will provide reasonable accommodation to students with disabilities in order to promote academic success. If you require accommodation, contact the Counselling and Disabilities Services Office at ext. 22900 to initiate the process for documenting, assessing and implementing your individual accommodation needs.

Prerequisite(s)
Introduction to Legal Office Practice & Procedures

Topic Outline
Understand the overview of Small Claims Court process

Determine preliminary investigation and research
• Determine the cause of action
• Determine whether and how to proceed
• Determine Court jurisdiction
• Determine who to sue
• Determine court fees

Preliminary Considerations – Plaintiff
• Plaintiff forms and procedure

Preliminary Considerations - Defendant
• Defendant Forms and procedure

Default Proceedings

Offers to Settle
• when to use
• how to prepare
• consequences of serving offer to settle
.
Pretrial and trial proceedings
• Determine the place of trial
• Understand Listing the case for trial
• Understand Pretrial and settlement conferences

Motions
Understand Procedure for drafting, issuing and entering judgments
• Prepare Judgments and Orders

Judgments
• Understand Procedure for drafting, issuing and entering judgments
• Prepare Judgments and Orders
• Determine the difference between and Judgment and an Order
.
Subsequent to Judgment – Enforcement proceedings
• Getting results
• Garnishments

Prescribed Texts

Title Small Claims Court: Practice & Procedure
Author S. Patricia Knight
Publisher Emond Montgomery
Edition 3rd
ISBN ISBN-13: 9781552395585

Promotion Policy

Grading Policy
A+ 90%  to  100%
A 80%  to  89%
B+ 75%  to  79%
B 70%  to  74%
C+ 65%  to  69%
C 60%  to  64%
D+ 55%  to  59%
D 50%  to  54%
F 0%    to  49% (Not a Pass)
OR
EXC Excellent
SAT Satisfactory
UNSAT Unsatisfactory

For further information, see a copy of the Academic Policy, available online (http://www.senecacollege.ca/academic-policy) or at Seneca's Registrar's Offices.


Modes of Evaluation
2 assignments - 30% each
Final exam - 40%

The student must attain a combined grade of at least 50% on the term work and the final exam to pass the course.

Approved by: Sandra Noble