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Sagot :
Answer:
2 or 4 is correct
Explanation:
step by step explanation
The correct statement in the given question is (4) statement.
Statement (1) - Ex Parte Application
Ex parte application is used in civil procedure and is used to refer to motions for orders that can be granted without waiting for the response from the other side.
These orders are only in place until further hearing can be held such as temporary restraining order .
Under U.S.A law , court are hesitant to make ex parte motion because according to 5th amendment and 14th amendment, there is a guarantee of right to due process and ex parte leads to the violation of excluded party's right to due process.
Statement (2)- Action Proceedings
Action Proceedings refers to a judicial proceedings where a party brings a civil or criminal case against another party, an action has been brought against the other party.
It is not a type of motion application and is used in cases such as:
- presence of material disputes in facts
- it is instituted by summons
- evidence to be relied upon in supporting the claim and is not disclosed in the statement
- exchange of pleadings are involved
-evidence in the form of testimonies and documentary is given to prove the claims
- more expensive and time consuming
Statement (3)- Arrest
In criminal cases a procedure is started with Arrest.
An arrest is made with an arrest warrant and may be made with or without warrant if probable cause and exigent circumstances are presented at the time of Arrest.
The right to make warrantless arrests are commonly defined and limited by statutes subject to due process guaranteed by U.S.A Constitution.
Statement (4)- Prosecutor and Defendant
These both terms are related strictly to Criminal Law.
Prosecutor- Legal representative of the prosecution in the states with the criminal law system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law.
A lawyer who initiates prosecution of criminal offences and present s the case for prosecution in a criminal proceedings
Defendant- Defendant is a person who is the party either accused of committing a crime or criminal prosecution
Thus the parties in criminal case are the prosecutor and the defendant.
To learn more about Prosecution and Defendant here
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