QUESTION 18
Indicate the correct statement:
(1) An ex parte application is the motion application used when there is no dispute of facts
(2) Action proceedings is another type of motion application and the procedure is started by a
notice of motion
(3) In criminal cases a procedure is started with action proceedings
(4) The parties in a criminal case are the prosecutor and the defendant
Answer:
2 or 4 is correct
Explanation:
step by step explanation
The correct statement in the given question is (4) statement.
Statement (1) - Ex Parte Application
Ex parte application is used in civil procedure and is used to refer to motions for orders that can be granted without waiting for the response from the other side.
These orders are only in place until further hearing can be held such as temporary restraining order .
Under U.S.A law , court are hesitant to make ex parte motion because according to 5th amendment and 14th amendment, there is a guarantee of right to due process and ex parte leads to the violation of excluded party's right to due process.
Statement (2)- Action Proceedings
Action Proceedings refers to a judicial proceedings where a party brings a civil or criminal case against another party, an action has been brought against the other party.
It is not a type of motion application and is used in cases such as:
- presence of material disputes in facts
- it is instituted by summons
- evidence to be relied upon in supporting the claim and is not disclosed in the statement
- exchange of pleadings are involved
-evidence in the form of testimonies and documentary is given to prove the claims
- more expensive and time consuming
Statement (3)- Arrest
In criminal cases a procedure is started with Arrest.
An arrest is made with an arrest warrant and may be made with or without warrant if probable cause and exigent circumstances are presented at the time of Arrest.
The right to make warrantless arrests are commonly defined and limited by statutes subject to due process guaranteed by U.S.A Constitution.
Statement (4)- Prosecutor and Defendant
These both terms are related strictly to Criminal Law.
Prosecutor- Legal representative of the prosecution in the states with the criminal law system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law.
A lawyer who initiates prosecution of criminal offences and present s the case for prosecution in a criminal proceedings
Defendant- Defendant is a person who is the party either accused of committing a crime or criminal prosecution
Thus the parties in criminal case are the prosecutor and the defendant.
To learn more about Prosecution and Defendant here
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Which of the following is not an instruction that would be given to witnesses to prepare them for trial?
If asked to give exact times or measurements, "approximate" your responses.
It is best to elaborate and give detailed answers to questions.
Always control your emotions while on the witness stand.
Always tell the truth and testify with confidence.
Answer:
Always control your emotions while on the witness stand
Explanation:
Judges are very smart and with your actions while on the witness stand tell them what you mean. so your explanation should. be of reasonable doubt.
Which of the following illustrates an agent's fiduciary duty?
A. An agent believes that her principal is making a poor business
decision, but she enters the agreement on behalf of her
principal as instructed.
B. An agent makes a deal with a client that will result in greater
profit for her principal, even though her own bonus is likely to
be less
C. An agent believes that her principal is making a poor business
decision, so she refuses to enter the agreement on behalf of
her principal as instructed.
D. An accountant agent lacks knowledge about a unique
situation in her principal's finances, so she consults with other
accountants
Answer:
B
Explanation:
I think this is B just because it seems to be the one answer where the agent really commits to helping the client - C is also a viable answer but I think its B - Good Luck!
Define the term gender imbalance and state two negative effects that this may have in the workplace?
Answer:
Gender inequality is the social process by which men and women are not treated equally.
..
..
Gender discrimination has a significant impact on mental and physical health worldwide. It can limit peoples' access to healthcare, increase rates of ill health, and lower life expectancy. While it is true that women live longer than men on average, they experience higher rates of ill health during their lifetimes.
4. Why is vaping so dangerous to your health?
Please help I need this answer I know it’s not hard but I need to write a sassy about this
Answer:
El vapeo encharca los pulmones
Por lo que personas sensibles, como los asmáticos, podrían empeorar su situación y tener una crisis. Por otro lado, se puede tener un problema cardiovascular por inhalación masiva de nicotina y se puede producir un edema pulmonar cardiogénico (Epnc)
Explanation:
vì sao quy chế pháp lý hành chính của người nước ngoài ở Việt Nam hạn chế hơn so với công dân Việt Nam
Answer:
I'm sorry I don't know about this
civil cases cannot be tried by what?
A judge
A judge and jury
Third party arbitrator
An arbitrator not agreed upon
In a civil trial, a judge or jury examines the evidence to decide whether, by a "preponderance of the evidence," the defendant should be held legally responsible for the damages alleged by the plaintiff.
an agreement enforceable by law is called as
Answer:
Contract
Explanation:
an agreement enforceable by the court of law is called as contract
How Can We Get Khula in Pakistan?
http://www.advocateinlahore.com/khula-procedure-in-pakistan/
Answer:
To apply for Khula the wife would need to file a suit for Khula in the Family Court under the West Pakistan Family Courts Ordinance, on the grounds that she feels she can no long live with her husband “within the limits prescribed by Allah' and such a statement on oath made in her suit would be sufficient to establish
Explanation:
Protecting the crime scene helps in identifying
the suspect.
a wrongful death.
the cause of death.
the victim.
- the cause of death
By surveying the crime scene (that is intact), investigators are able to determine if the cause of death was due to the environment/surroundings.
Capacity and authority are two important concepts with regards to the normal day to day functioning of a company. With the aid of authoritative text, critically discuss the form and substance of these concepts.
Capacity occurs in the form of abilities whereas authority occurs in the form of power.
Capacity refers to the ability of a person to use the given information for making a decision. A person that lacks capacity it means that its mind is impaired and he is unable to make a decision at that time while on the other hand, authority is the legitimate power that a person or a group of persons possess and use it over other people. In capacity, the person has something in the form of abilities whereas in authority, the person has something in the form of power which they used to implement its decision over other people.
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Select the correct answer.
Who can propose an amendment to the Constitution?
A a simple majority of Congress
B. the president
с.
the Supreme Court
D.
a two-thirds majority of Congress
Answer:
d
Explanation:
a two-thirds majority of Congress
Are foreign policy and domestic policy two faces of the same coin.
Answer:
yes
Explanation:
Foreign policy and domestic policy are considered as the two faces of a coin because any change in both of these policies will impact on the macroeconomic variables of both the nation.
8. As a minor, you risk what penalty if you pass a stopped school bus?
A. O Jeering from the school kids
B. O A high speed chase
C. O License suspension
D. O Other
Answer:
C.
The others make no sense.
Can an impaired driver crash into you or someone you love? Yes or no
Appellate courts Group of answer choices are made up of judges only. will, on occasion, seat juries, but only when dealing with cases and controversies dealing with federal questions. are courts exclusively of original jurisdiction and, hence, seat juries as a matter of court to make determinations of fact in reaching verdicts. often seat juries to listen to new evidence being presented in criminal cases on appeal to their courts. seat a jury in criminal cases but never in civil matters.
Answer:
often seat juries to listen to new evidence being presented in criminal cases on appeal to their courts.
Explanation:
A court refers to an enclosed space such as a hall or chamber where legal practitioners (judges, lawyers or attorneys and a jury) converge to hold judicial proceedings.
There are different types of courts and these includes;
I. Trial court.
II. Circuit court.
III. Appeal court.
IV. Supreme court.
An appellate court is also known as court of appeals and can be defined as a court of law of the judicial system that is empowered by law (jurisdiction) and saddled with the responsibility of hearing and reviewing an appeal of a trial-court or other lower court (tribunal).
This ultimately implies that, all appellate courts are empowered by law to review both questions of fact and questions of law. The appellate court can review questions of law as "De novo" or plenary review (legal error standard).
A criminal case can be defined as a lawsuit brought before a court of competent jurisdiction against someone who has been accused of committing a crime.
Typically, appellate courts (court of appeals) often seat juries to listen to new evidence being presented in criminal cases on appeal to their courts.
A grand jury can be defined as a group of citizens that are legally saddled with the responsibility of reviewing the evidence in a criminal case. Thus, grand jury are legally empowered by law to carry out an investigation with respect to a potential criminal case, engage in legal proceedings and determine whether or not an evidence is quite sufficient to warrant trial in a court of competent jurisdiction.
Hence, if the grand jury serves an indictment in a criminal case, the suspect is formally accused of committing the crime. This simply means that, the grand jury has ascertained that there are enough evidence to indict an accused.
However, if in a criminal case, the grand jury offers no indictment, the case wouldn't go to trial at the time.
