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Resolutions of Disputes

Resolutions of Disputes - Resolutions of Disputes In this...

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Resolutions of Disputes In this chapter, lectures zeroed in on how a lawsuit is initiated (filing a complaint and filing an answer ) and what transpires between the time the answer is filed and a trial commences (if a trial does occur) which is called the discovery phase. We established an understanding that a complaint is a document that contains the plaintiff's allegations and that the plaintiff has the burden of proving the allegations at trial by a preponderance of the evidence . The allegations contained in the complaint are just that, allegations! A statement by a party in a lawsuit of what that party hopes to prove is essentially the definition of an allegation. In the answer , the defendant generally denies the allegations in the complaint. When this occurs there exists a factual dispute . However, not every lawsuit involves a factual dispute. There are some lawsuits in which both the plaintiff and the defendant agree on the facts but disagree about the law. In these situations there is not factual dispute. You are expected to understand the discovery process and what the parties are attempting to accomplish during discovery . Each side attempts to learn as much as possible about the facts of the case. The parties attempt to gather as much evidence as they can so that they can come to a realistic assessment of the facts and strength or weakness in their and the opponent's case. How is this accomplished? Interrogatories , depositions , admissions and requests for the production of documents are the means used to discover evidence. Interrogatories is an inexpensive to obtain information. Only a party to the lawsuit can be served with interrogatories.
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