Civil Essay

Topics: Service of process, Plaintiff, Federal Rules of Civil Procedure Pages: 2 (356 words) Published: May 4, 2013
You are to create your own scenario that relates to a civil matter in which you would issue a claim in the Magistrates Court. In this simulation imagine that you currently work at GarLing Lawyers at Mt Gravatt. (we used this fictitious firm to do your practical tasks in class). You therefore need to consider the following:

* taking initial instructions from the plaintiff client;
* confirming monetary jurisdiction of the court;
* confirming the geographical jurisdiction – most appropriate court location; * confirming of full names and addresses of parties;
* reference to the UCPR rules that prescribe the steps you must take; * identifying and locating the appropriate forms;
* professional document standards eg proofing, accuracy
* management of your time and task completion.
The project you will undertake today reflects the tasks we have undertaken on a weekly basis in your class sessions. Therefore your task is to repeat the process we used in class to undertake your own project. Getting started…

Task 1
Please write your civil scenario (max 300 words).
Next explain the steps you will take to issue:
* the Claim
* and the Statement of Claim;
Then, assume you have organised effective service on the defendant; and need proof of service: * prepare an Affidavit of Service.
You must write an explanation of each document you will issue, and a detailed account of the significance of the relevant rule from the UCPR that prescribes each step you have undertaken. (prepare a 500 word essay). Task 2

You have now prepared your scenario and explanation essay in task 1. You now need to prepare the court documentation as follows: 1. Claim
2. Statement of Claim
3. Affidavit of Service.
When finished collate the (5) five pieces of work and complete an assessment coversheet with your name, student number and signature. Refer to checklist on next page to ensure you have completed all...
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