After the defendant receives the Summons, he or she will send an answer. The response will deal with each paragraph in the complaint. A counterclaim can be filed by the defendant if he or she has their own claim against the plaintiff. If there is a counterclaim filed the plaintiff may react by organizing a “Reply.” The Reply will “admit,” “deny,” or emphasize that the plaintiff deficient amount of information, just as the original answer did The second stage in the civil suit is Fact-Finding and Discovery. Federal court system requires disclosure of all pertinent information and documents to the other side prior.
The right to present evidence ensures that parties will receive a fair judgment pertaining to the facts surrounding the case. 5. The right to cross examination provides parties with the opportunity to confront opposing witnesses and evidence before an Administrative Law Judge (ALJ) makes his decision (DeLeo, 2008). B. Informal 1.
A written statement submitted to the court to persuade it as to the correctness of a party’s positions is: (Points : 2) a. Memorandum of law b. Interrogatory c. Bill of particulars d. Verification 3. The initial pleading in a civil action in which plaintiff alleges a cause of actions is: (Points : 2) a. Counterclaim b. Response c. Cross-action d. Complaint 4. The person who brings a lawsuit is called a: (Points
In its decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., who did the U.S. Supreme Court charge with ensuring that an expert's testimony rests on a reliable foundation and is relevant to the case? (Saferstein, 2004, p.26). They assigned the judge with the task of ensuring an expert testimony is reliable and relevant to the case. 5. What is the main difference between the testimony given by an expert witness and that given by a lay witness?
Which party has the burden of proof in the case? Which level of proof will be used? The party seeking damages (plaintiff), in this case Mr. James Mitchell and the union, has the burden of proof. This case would be considered a civil matter and would be guided by the principles and procedures commonly found in settling civil lawsuits and in regulatory agency cases. This includes presenting “clear and convincing evidence” as the level of proof that must be offered in order for the plaintiff to win the case (Clear and Convincing Evidence Law & Legal Definition, n.d.).
A proposal is an offer if it is made in such a way that the person to whom it is made has only to accept it to bring the contract into existence. 2. The three requirements of a valid offer state that both parties must hold a genuine interest in the contract, both parties must be set out and adhered to in full. Along with those conditions, it is also important that both parties voluntarily enter into the agreement. Failure to meet the required elements nullifies the contract.
Procedural due process is simply a requirement that the substance of any law be applied to a person with fair procedures by any tribunal that is hearing a case. (Robert Bork,” The Tempting of America, 1990, p. 31) All rights protected by it include the right to a fair trial, and in reference
Evidence and Justice 1)What factors determine the admissibility and relevancy of evidence? Evidence that can have tendency of the consequence to the determination, to be either more probable cause of the action or less probable cause. 7)What are the differences between presumptions and inferences? Inference is a deduction that can be drawn from evidence, and in some cases have more probable cause then others. Presumption is evidence that indirectly proves a fact.
They review what occurred in the trial court to make sure that the proper law was applied and that the proceedings were fair. Each side presents a written argument to the appellate court in a document called a "brief." The arguments made in briefs vary. However, common grounds for an appeal include claims that the trial was conducted unfairly or that the trial judge incorrectly applied the applicable law. a party may claim that the law that was applied violates the United State constitutions.
Subject matter jurisdiction is the authority of the court to hear cases of a particular type or cases relating to a specific subject matter. What does this mean? A court must have jurisdiction to enter a valid enforceable judgment on a claim. Personal Jurisdiction the power of the court to hear and determine a lawsuit involving a defendant by virtue of the defendant’s having some contact with the place where the court is located. Personal Jurisdiction within a federal court is governed by the 4th rule of the Federal Rules of Civil Procedure.