Which of the following is correct with respect to the litigation proces1
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Hollywood High School *
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OPERATIONS
Subject
Law
Date
Nov 24, 2024
Type
docx
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2
Uploaded by CoachSquirrel3311
Which of the following is correct with respect to the litigation process?
Select one:
a. An offer to settle always brings to an end the parties’ right to proceed to trial.
b. A counterclaim is brought by the plaintiff who is then claiming against the defendant.
c. Even though a judgment is obtained, payment is not assured.
d. A statement of defense is a pleading prepared and filed by a plaintiff in response to the
defendant’s claims.
e. An examination for discovery of documents is an opportunity for the parties to settle the dispute
before proceeding to trial.
To solve the problem, we need to carefully analyze each option and determine which one is correct
with respect to the litigation process. Let's discuss each option individually:
a. An offer to settle always brings to an end the parties' right to proceed to trial.
This statement is not entirely correct. While an offer to settle can lead to the resolution of the
dispute without going to trial, it does not always bring an end to the parties' right to proceed to trial.
Parties may still choose to proceed to trial if they cannot reach a settlement.
b. A counterclaim is brought by the plaintiff who is then claiming against the defendant.
This statement is incorrect. A counterclaim is actually brought by the defendant against the plaintiff.
It is a claim made by the defendant in response to the plaintiff's claim.
c. Even though a judgment is obtained, payment is not assured.
This statement is correct. While obtaining a judgment in a litigation process provides a legal ruling in
favor of one party, it does not guarantee payment. The party who obtained the judgment may still
need to take additional steps, such as enforcing the judgment or pursuing collection efforts, to secure
payment.
d. A statement of defence is a pleading prepared and filed by a plaintiff in response to the
defendant's claims.
This statement is incorrect. A statement of defence is actually prepared and filed by the defendant in
response to the plaintiff's claims. It allows the defendant to present their position and respond to the
allegations made by the plaintiff.
e. An examination for discovery of documents is an opportunity for the parties to settle the dispute
before proceeding to trial.
This statement is incorrect. An examination for discovery of documents is a pre-trial procedure
where each party has the opportunity to examine and request documents relevant to the case. It is
not specifically designed as an opportunity for settlement.
Based on the analysis of each option, the correct answer to the problem is:
c. Even though a judgment is obtained, payment is not assured.
It is essential to carefully evaluate the options and understand the concepts related to the litigation
process to arrive at the correct answer.
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