Asked by Jennifer Robert on Apr 28, 2024
Verified
With regard to the process of a civil law suit, which of the following is true?
A) A "counterclaim" is an action by the defendant back against the plaintiff.
B) Any admission by the defendant at the examination for discovery can be used against him by the plaintiff at trial.
C) The plaintiff must prove his case on the balance of probabilities, not beyond a reasonable doubt.
D) The "statement of claim" is a document registered by the plaintiff which contains a summary of the allegations that support the cause of action.
E) All of the above are true.
Civil Law Suit
A legal action initiated by one party against another for the enforcement or protection of a private right or for compensation for a wrong in areas governed by civil law.
Counterclaim
A claim made to offset another claim in a legal action, essentially a defendant’s claim against the plaintiff.
Examination for Discovery
A pre-trial process where parties in a lawsuit have the opportunity to question each other or witnesses under oath.
- Comprehend the sequence of actions and prerequisites necessary for pursuing civil litigation.
Verified Answer
GT
Graham ThompsonMay 01, 2024
Final Answer :
E
Explanation :
All of the choices are correct regarding the process of a civil lawsuit. A) A counterclaim is indeed an action taken by the defendant against the plaintiff. B) Admissions by the defendant during discovery can be used against them at trial. C) In civil cases, the standard of proof is "on the balance of probabilities," not "beyond a reasonable doubt," which is used in criminal cases. D) The statement of claim outlines the plaintiff's allegations and forms the basis of the legal action.
Learning Objectives
- Comprehend the sequence of actions and prerequisites necessary for pursuing civil litigation.