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.

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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

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Answer:

I'm sorry I don't know about this

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