Question

6. What is "discovery" in the litigation context?

7. What are the the primary types of discovery?

8. What is meant by a burden of proof in the context of a civil trial (i.e. a trial involving a civil law matter)?

9. Which party carries the burden of proof in a civil trial? What is that burden of proof?

10. Describe the two methods a party can use to prevent a person from serving as a juror in that party's trial.

11. What is hearsay evidence?

Answer 1

Ans.6

In the context of litigation, discovery is the legal process of producing a list of all documents which are related to the proceedings currently or formerly in the party’s possession. It is a key part of the litigation process, as it is often required to obtain the documents and information needed for evidence. Discovered documents can only be used for the purposes of the proceedings.

Ans 7

Primary types of discovery are:

1. Depositions: These are the sworn statements, when a person will answer questions from an attorney, and a court reporter will make a transcript of all that is said. It can be oral or written.

2. Interrogatories: Interrogatories are written questions that must be answered in writing, under oath.

3. Requests for production or permit inspection: A litigant is generally entitled to the production and inspection of relevant documents in the possession or inspection of any property.

4. Physical or mental examinations: Examinations of persons by a qualified expert when the condition of the party is in controversy. It is authorized by a court in the exercise of its discretion.

5. Admissions: A party may ask an adversary to admit any material fact or the authenticity of a document that is to be presented as evidence during the trial. Admissions are generally Known as written requests for admission of truth of matters, or genuineness of the facts.

Ans 8

The burden of proof is the obligation to present evidence on the subject of the lawsuit i.e. to prove or disprove a disputed fact. In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence i.e When an individual files a civil lawsuit against someone else, the burden of proof rests on his or her shoulders.

Ans 9

In civil cases, the plaintiff has the burden of proof, which means the plaintiff must convince the judge that the facts are as presented and that there is grounds for the case.

Plaintiff has to prove or convince the jury that the facts and allegations are more likely to be true than false.