Litigation

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Question 1
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The person against whom a criminal charge is filed by the prosecution is called the defendant, whereas the person sued in a civil case is called the respondent.

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Question 2
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When a defendant wants to sue the plaintiff, the defendant files a counterclaim.

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Question 3
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If a defendant alleges that there cannot be a complete determination of a controversy without the presence of other parties, he may bring in the new parties who are called third-party defendants.

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Question 4
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An individual may not assert the rights of the general public or of a group of which he or she is not a member as a plaintiff.

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Question 5
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A shareholder of one of the two companies involved in a merger could sue to stop the combination of these companies,

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Question 6
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Standing in a case is determined upon resolution of the case, rather than at the outset.

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Question 7
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The only way to obtain personal jurisdiction over a defendant is to have them served with a summons.

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Question 8
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Personal jurisdiction over the defendant is automatically obtained when the plaintiff files the complaint.

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Question 9
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Statutes that permit service of process beyond the borders of an originating state are referred to as long-arm statutes.

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Question 10
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Due process requires that a defendant must have certain minimum contacts with a state in order to be hailed into court under a long-arm statute.

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Question 11
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At the federal level, the Supreme Court encourages class action suits by consolidating cases and reducing the total caseload burden on the courts.

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Question 12
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In recent years, the federal courts have developed a much higher standard for approving class-action settlements.

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Question 13
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Typically, the least expensive method of discovery is to present interrogatories to the opposing parties.

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Question 14
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One method of discovery, called depositions, involves written questions for the opposing parties to answer.

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Question 15
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Discovery procedures are intended to be used freely by the parties to litigation without the court's direct supervision.

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Question 16
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Each state has prescribed a time limit after which a suit cannot be filed, called a statute of limitations.

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Question 17
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A statute of limitations determines the maximum amount of money that a plaintiff may sue for.

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Question 18
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Evidence in the form of a sworn statement is called an affidavit.

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Question 19
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In jury selections, challenges for cause are also called peremptory challenges.

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Question 20
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If one of the potential jurors is the defendant's brother, the only way for the plaintiff to get the brother off of the jury panel is by using a peremptory challenge.

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