With regard to the process of a civil law suit in a superior court,which of the following is true?
A) The writ is a document issued by the defendant to indicate that he or she will defend against the action.
B) The plaintiff must prove his or her case on the balance of probabilities.
C) Regardless of whether or not a defendant responds to the plaintiff's claims by filing the required documents, a matter must proceed to trial before a judgment can be awarded.
D) An action is usually commenced by issuing a chambers application.
E) Once a statement of claim is served, the next step is the trial.

Question

Quizplus · Accepted Answer

In a civil law suit, the burden of proof is on the plaintiff, who must prove his or her case on the balance of probabilities. This means that the plaintiff must show that it is more likely than not that their version of events is true. The other options in the question are incorrect. The writ is not issued by the defendant, but by the court. A matter does not have to proceed to trial if the defendant does not respond; a default judgment may be entered instead. An action is not usually commenced by issuing a chambers application, but by filing a statement of claim. Finally, once a statement of claim is served, the next step is not necessarily the trial; there may be other steps such as discoveries or motions before trial.

With Regard to the Process of a Civil Law Suit