LES602: Litigation Law and Practice assignment Sample NZ

Litigation is a legal proceeding in which one party sues another party. This can include disputes or disagreements between two companies or individuals who are parties to a contract, for example. It can also involve people suing governments or governmental agencies. Litigation is something that everyone should know about because no matter where you go in life there’s going to be some sort of disagreement/dispute that needs resolving by way of legal proceedings.

The litigation process is normally started when one party to a case delivers what’s called a “petition” or an “original pleading”. The petition contains all the allegations that will be made against the defendant by the plaintiff. It also lays out what remedies are being sought by the move and establishes precedence. Once the petition has been filed, there is a formal process that both the plaintiff and defendant must follow. This includes things like exchanging evidence and preparing for trial.

One of the most important aspects of litigation is discovery. This is the process where each party can request information from the other party in order to build their case. Discovery can include issuing subpoenas, taking depositions, and requesting documents. In some cases, it can even include things like requesting access to a crime scene or interviewing witnesses.

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Get individual assignments samples for  (LES602) Litigation Law and Practice modules

Students who successfully complete this online course will be able to:

Assignment Task 1: Describe the hierarchy of the New Zealand courts and differentiate between their jurisdictions

The hierarchy of the New Zealand courts is as follows:

1) The Supreme Court

2) The Court of Appeal

3) The High Court

4) The District Court

5) The Youth Court

6) The Family Court

7) The Environment Court.

The Supreme Court is the highest court in the country and its rulings cannot be appealed. The Court of Appeal is the second level and their decisions can be appealed to the Supreme Court. If that court agrees, then they’ll rule on that appeal as well. The High Court is at the third level and they make a lot of important decisions in individual cases – this means there’s no right of appeal from them. The District Court and the Youth Court come after that and their decisions can be appealed to a higher court. Finally, at level seven we have the Environment Court which deals with environmental disputes.

Assignment Task 2: Examine ethical duties in litigation practice and court procedure

Both parties in litigation have certain ethical duties they must follow in order to remain professional. This includes being truthful in all statements, not withholding evidence, and abiding by any statutes or court rules that may exist. It’s also important for litigants to keep their emotions in check because they may end up losing the case if they’re unable to do so.

Court procedure is also something that must be followed by both parties. This includes making sure all filings are done on time, attending court when required, and following the rulings of the court. Failure to do this could result in sanctions being imposed which could dramatically affect whether or not the individual is successful with their case.

Assignment Task 3: Analyze common types of civil proceedings in the District Court and High Court

The most common type of civil proceeding in the District Court is a debt action. This is where one person owes money to another person and they’re seeking to recover that money. Other types of cases that are heard in the District Court include family law disputes, employment disputes, and personal injury claims.

The High Court hears more serious civil proceedings such as contract disputes, property disputes, and disputes between companies. These cases are typically more complex and can take a longer time to resolve. The High Court also hears criminal cases which are those that have been referred to it by a lower court. This is usually because the defendant has pleaded not guilty to the charges and is seeking a trial.

Assignment Task 4: Analyze and apply the legal principles and practices relevant to selected District Court processes

The most common process in the District Court is a civil proceeding. This involves one person suing another as a result of some sort of dispute between them. A divorce action, an application to determine parentage, and bankruptcy proceedings are examples of this type of case. The next most common type of process is an enforcement proceeding which seeks to remove any obstacles that may be preventing a party from being able to obtain what they’re seeking. The third most common process is an examination hearing which involves taking evidence from witnesses.

The two processes that are less common in the District Court are a possession hearing and a summary judgment application. These hearings make up only 1% of cases heard in this court. If you’re involved in a District Court process, it’s important to understand the relevant legal principles and practices so that you can make the best case for yourself. This includes knowing what evidence to present and which arguments are likely to be successful. You should also be familiar with the court rules that apply to your particular case.

Assignment Task 5: Assess selected common applications to the Family Court

The Family Court is a specialized court that deals with family law disputes. It hears cases such as divorce proceedings, child custody disputes, and applications for guardianship. In order to make an application to the Family Court, you must live in New Zealand or be a New Zealand citizen.

The most common type of case that’s heard in the Family Court is an application to determine parentage. This occurs when one party wants to clarify whether or not they’re legally considered to be a child’s parent. The next most common type of case is where people are seeking a divorce, which is typically the first step in dissolving their marriage. If there are no children involved and both parties agree on everything, this process can be done without going to court. If there are any disagreements, the case will need to be heard by a judge in order for a resolution to be made.

The least common type of Family Court proceeding is an application for guardianship if there’s no coercion or exploitation involved. This action is taken when someone wants to nominate another person to be their child’s legal guardian in the event that something happens to them. If you’re thinking of making an application to the Family Court, it’s important to seek legal advice first so that you understand your options and what the likely outcome will be.

Assignment Task 6: Evaluate criteria for legal aid I and describe the ongoing obligations of the lawyer to the client

The criteria for legal aid are set out in the Legal Services Act 2007. This legislation states that legal aid is available to people who can’t afford to pay for a lawyer and who meet certain other criteria. In order to be eligible for legal aid, you must reside in New Zealand and your case must fall within one of the following categories:

• Family law
• Criminal law
• Immigration law
• Human rights law
• Employment law
• Debt and property disputes

Legal aid is not available for personal injury claims, commercial disputes, or cases that are being taken to the Court of Appeal. If you meet the eligibility criteria, you will be assigned a lawyer who will represent you for free. Not all people who receive legal aid qualify for legal aid in every aspect of their case. For example, if you qualify for immigration legal aid but not family law, your lawyer will only be able to represent you as far as the immigration aspect of the case is concerned.

Assignment Task 7: Prepare and critically comment on litigation documentation used or commonly encountered by legal executives

There are a number of different types of legal documentation that may be used or encountered in litigation. The most common type is the pleadings, which are documents that set out the facts of the case and the legal arguments that each party is making. These documents are filed with the court and served on the other party.

Another important document is the statement of claim. This is a document that’s used to start a civil case and it must include specific information, such as the name of the parties, the nature of the claim, and the amount of money being sought. The statement of defense is a document that’s filed by the defendant in response to the statement of claim. It sets out their defenses to the claim and also includes a counterclaim, which is a claim that’s made against the plaintiff.

Finally, there’s the court order. This is a document that’s issued by the court and it sets out the decision that’s been made in the case. It may be an order for someone to do something or to stop doing something or it may be a judgment that’s made after a trial. A court order is binding on the parties involved and it can’t be changed unless there’s another court order telling the original one to be set aside.

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