Group 3 Pre-Trial

What is the importance of defining issues in pre-trial?

Answer explanation

Clarity

Focus

Efficiency

Fairness

Case Management

Time-Saving

Prevent Delays

Streamlined Process

Dispute Resolution

Evidence Limitation

Issue Identification

Judicial Control

What is the time frame for calendaring a case for pre-trial after the answer is filed?

(a)  

• Not later than thirty (30) days
• Not later than sixty (60) days

• Within five (5) days

• Immediately

Answer explanation

The correct answer is 'Not later than thirty (30) days' because this is the standard time frame for calendaring a case for pre-trial after the answer is filed, ensuring timely progression of the case.

What is the purpose of a pre-trial conference?

• To narrow issues to be tried

• To secure stipulations

• To take steps necessary for case disposition

• All of the above

Answer explanation

The purpose of a pre-trial conference is to narrow issues to be tried, secure stipulations, and take necessary steps for case disposition. Therefore, the correct answer is 'All of the above'.

What happens if the plaintiff fails to appear at the pre-trial conference?

• The case will be dismissed.

• The case will proceed without the plaintiff.

• The court will reschedule the pre-trial.

• The defendant wins by default.

Answer explanation

If the plaintiff fails to appear at the pre-trial conference, the case will typically be dismissed. This ensures that the court's time is not wasted and encourages parties to participate in the legal process.

What is the effect of the defendant's failure to appear at the pre-trial?

• The plaintiff can present evidence ex parte.

• The case will be dismissed.

• The court will issue a default judgment.

• The trial will be postponed.

Answer explanation

The defendant's failure to appear allows the plaintiff to present evidence ex parte, meaning without the defendant's presence. This can lead to a ruling in favor of the plaintiff based on the evidence presented.

What must be recorded during the pre-trial proceedings?

• The matters discussed

• Actions taken

• Amendments to pleadings

• All of the above

Answer explanation

During pre-trial proceedings, it is essential to record all matters discussed, actions taken, and any amendments to pleadings. Therefore, the correct answer is 'All of the above'.

What is the time frame for rendering judgment by the Shari'a court?

(a)  

• Within fifteen (15) days
• Within thirty (30) days

• Within ten (10) days

• Immediately after the hearing

Answer explanation

The Shari'a court is required to render judgment within fifteen (15) days after the hearing. This timeframe ensures timely resolution of cases, making 'Within fifteen (15) days' the correct answer.

What is the burden of proof in a trial?

• On the plaintiff

• On the defendant

• On both parties equally

• On the court

Answer explanation

In a trial, the burden of proof typically lies on the plaintiff, who must provide sufficient evidence to support their claims. This means the plaintiff is responsible for proving their case to the court.

What happens if the plaintiff cannot produce evidence?

• The defendant takes an oath

• The case is dismissed

• The plaintiff wins by default

• The trial is postponed

Answer explanation

If the plaintiff cannot produce evidence, the defendant may take an oath to affirm their statements. This is a procedural step rather than a dismissal of the case or a default win for the plaintiff.

What is the significance of the statements of witnesses?

• They serve as testimonies

• They are not required

• They can be ignored

• They are only for reference

Answer explanation

Witness statements are crucial as they serve as testimonies, providing evidence and supporting facts in legal contexts. They cannot be ignored or considered merely for reference, as they play a key role in establishing the truth.