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Decide whether these statements are true or false.
Date: 2015-10-07; view: 558.
Exercise 2.
- The only purpose civil procedure serves is to regulate how litigation proceeds.
- Under an adversarial system, fair process means the right of the parties to adequately develop the facts and law in support of their cases and to represent the relevant facts and the legal arguments to the judge.
- All judgments are final and the parties are not entitled to having the judgment reviewed by a higher court.
- According to the text, efficiency means the limitation of opportunities available to the parties to present their cases in order to prevent litigation from becoming unbearably cumbersome, time-consuming, and expensive.
- Civil litigation is essentially inquisitorial, which means that it is a contest between the parties, and the lawyers for the parties have the primary role in shaping the litigation.
- Judges tend to encourage parties to go to court.
- In order to serve the values of the substantive law and provide fair process, judges have softened the pleading requirements, and the process of defining the issues in the case begins with the complaint but continues through the pretrial procedures and stages.
- The judge may not use the pretrial conference as an occasion to persuade and pressure the attorneys to settle the case before trial.
- Only the losing party can appeal the case to a higher court.
- The procedure of litigation is extremely comprehensible and unambiguous.
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