Asked by Chyna Forrester on May 04, 2024
Verified
With regard to the process of a civil law suit in a superior court, which of the following is false?
A) The plaintiff must prove his case on the balance of probabilities, whereas a prosecutor in a criminal action has to prove his case beyond a reasonable doubt.
B) A defendant in a civil action might also be charged in a criminal action for the same act, e.g., a battery.
C) Court costs are always an amount of money equal to the legal fees and disbursements of the winning party, which the court always orders the losing party to pay to the winner.
D) Failure of the defendant to respond to the plaintiff's claims can result in judgment being taken against him without the court having heard his side of the argument.
E) If, in the examination for discovery, the defendant admits facts set out in the plaintiff's statement of claim, the plaintiff does not have to prove those facts at trial. He merely reads the admissions from the transcript of the examinations.
Balance of Probabilities
The standard of proof used in civil cases, requiring that something is more likely to be true than not for it to be considered proven.
Civil Law Suit
A legal action taken by one individual or entity against another to resolve a private dispute or claim, typically adjudicated in civil court.
Prosecutor
A legal official who conducts criminal proceedings against an accused person on behalf of the state or the public interest.
- Understand the principles of natural justice and procedural fairness in legal proceedings.
Verified Answer
Learning Objectives
- Understand the principles of natural justice and procedural fairness in legal proceedings.
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