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

Answers

Answer 1

Answer:

2 or 4 is correct

Explanation:

step by step explanation

Answer 2

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

https://brainly.com/question/11980088

#SPJ3


Related Questions

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.

Answers

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.

vì sao quy chế pháp lý hành chính của người nước ngoài ở Việt Nam hạn chế hơn so với công dân Việt Nam

Answers

Answer:

I'm sorry I don't know about this

Can an impaired driver crash into you or someone you love? Yes or no

Answers

Yes it’s is possible

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

Answers

Answer:

C.

The others make no sense.

Agreed with guy above
Other Questions
What skills do you have?41. What/strengths/ your/ are?____________________________________42. What/ in/ want/future/ do/ to/ you/ do/ the/?____________________________________43. What/ well/ people/ kind/ do/ work/ of/ you/ with/?____________________________________44. job/ about/ What/ did/ you/ last/ your/ like/?____________________________________45. What/ greatest/ been/ achievement/ your/ has/? Why do you think that Tara Westover chose the VirginiaWoolf epigraph at the beginning of her story? Which of the following newborns has the lowest chance of having health problems?A. Rosalind- 6 lbsB. Charles- 11 lbsC. Nikola- 7.5 lbsD. Marie- 5 lbs Which of the following has the vowel with the shortest duration whencompared to the others?O beebeetbead The assertion that non-formal institutions have no role to play at the PROCESSING STAGE ofthe Systems Theory is an empty rhetoric. When the price of paintings is set at $500, the local art gallery supplies 20 paintings per week. When the price of paintings increases to $750, the gallery supplies 25 paintings. Calculate the price elasticity of supply using the mid-point formula. Instructions: Round your answer to two decimal places. If you are entering a negative number be sure to include a negative sign (-) in front of that number. The price elasticity of supply is: . can someone help me? Instructions: Point T is the centroid. Find TE if XE= 21. The measure of two complementary angles are 2x degree and 3x degree, then value of x is On whom the trade bill drawn ? Sydney finished all his work on time, but many of his teammates still struggled to complete their assignments. What should he do? a) Not to be distracted. They may lag further. q) listen to them complain about their workload c) help them complete their work d) share their thoughts on how to get their work done faster Which letter in this diagram represents evaporation?ABCD On January 1, Parson Freight Company issues 7.0%, 10-year bonds with a par value of $4,500,000. The bonds pay interest semiannually. The market rate of interest is 8.0% and the bond selling price was $4,194,222. The bond issuance should be recorded as: Please help me solve this Find the slopeof the line passing through the points (3, 4)and(8, -3). Suppose you have some List of S List of Strings called List and a String prefix. Write a method that removes all the Strings from list that begin with prefix. public void removePrefixStrings(List-String- list, String prefix) 7. What is the time complexity of this algorithm? Select the best answer to describe this group of words. Stop talking so loudly. 1.) fragment with no predicate 2.) simple sentence with an understood subject 3.) fragment with no subject 4.) compound sentence with an understood subject Which of the following best describes the difference between a cation and an anion? Jack rides his bike 4 miles in 1/3 of an hour. What is jack unit rate in miles per hour? What does Cassius foreshadow to be the outcome of the war?A victory for his armyB. the falling of two eaglesC. defeat for his armyD. the return of Caesar's ghost