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With Regard to the Process of a Civil Law Suit

Question 38

Multiple Choice

With regard to the process of a civil law suit in a superior court, which of the following is false?


A) A defendant in a civil action might also be charged in a criminal action for the same act, e.g., a battery.
B) 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.
C) Court costs are 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) 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.
E) 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.

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