Asked by Devyn Murray on May 18, 2024
Verified
With regard to the process of a civil law suit in a superior court, which of the following is true?
A) The writ is a document issued by the defendant to indicate that he or she will defend against the action.
B) The plaintiff must prove his case on the balance of probabilities.
C) Regardless of whether or not a defendant responds to the plaintiff's claims by filing the required documents, a matter must proceed to trial before a judgment can be awarded.
D) An action is usually commenced by issuing a chambers application.
E) Once a statement of claim is served, the next step is the trial.
Balance of Probabilities
The standard of evidence in civil trials, where a case is decided in favor of the party whose claim is more likely to be true.
Writ
A formal legal document issued by a court or judicial officer commanding the performance of a specific act.
Chambers Application
A legal request or motion made to a judge in their chambers, often dealing with interim or procedural matters.
- Understand the procedural steps and requirements involved in civil lawsuits.
Verified Answer
AB
Annakaren BenavidesMay 23, 2024
Final Answer :
B
Explanation :
The plaintiff in a civil lawsuit must prove their case on the balance of probabilities, which means it is more likely than not that their claims are true. This is the standard of proof in civil cases, as opposed to the higher standard of "beyond a reasonable doubt" used in criminal cases.
Learning Objectives
- Understand the procedural steps and requirements involved in civil lawsuits.