|PRELIMINARY MATTERS||QUESTIONS TO BE CONSIDERED BEFORE FILING THE LAW SUIT|
|1||Relevant Laws||What is the relevant law on the subject matter?|
Does the relevant law support my claim?
Is there a legal precedent that could adversely affect the claim?
|2||Proper Parties||Who are the proper parties to this action?|
Am I really a proper party in this suit?
Is the person in intend to sue really a proper defendant to this suit?
|3||Statutory limitations||Is there any statute that precludes my right of action over this matter?|
|4||Cause of action |
|When did the cause of action arise?|
Does it still subsist or has been overtaken by some legal impediments?
What remedies are available for me under the law?
|5||Commencement of action||What mode of commencement is most suitable for the type of action I intend to bring?|
Under what head of claim or ambit of the law is it best is institute the action under?
|6||Locus Standi||When all the facts are considered, do I have good standing to prosecute the action?|
|7.||Immunity||Does the defendant enjoy immunity?|
If yes, is his immunity permanent or temporary?
How would his immunity affect the chances of my action
|8.||Costs of Litigation||What will it cost me to prosecute in terms of; finance, inflationary trends, time, loss of business goodwill, loss of valued relationships?|
|9||Relative Strength and weaknesses of the case||What are the strengths of my case? |
What are the weaknesses of my case; bear in mind the rules of court on pre-action counselling as applicable in some jurisdictions?
|10||Legal Capacity to sue |
and be sued
|Does the plaintiff have legal capacity to sue?|
In what capacity should he or she sue?
Will he sue as a direct plaintiff?
Is he or she an infant suing by his next friend?
Is the plaintiff a company or a natural person?
Should he or she sue in a representative capacity?
|11||Conditions Precedent||Is there any condition precedent that the Plaintiff/Claimant must satisfy?|
|13||Viability of ADR|
|14||Courts||Which Court with jurisdiction|
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