Question

Which of the following is NOT true of civil litigation?

a) it usually begins when one party files a complaint
b) the purpose is to compensate for harm done to another
c) it must be heard by 12 jurors
d) only "the preponderance of the evidence" is needed for the plaintiff to be successful

Answer 1

The statement not true of civil litigation is that it must be heard by 12 jurors, as parties can waive this right or the case can be decided by a judge alone in certain instances.

Step-by-step explanation:

The statement that is NOT true of civil litigation is that it must be heard by 12 jurors. Although the Seventh Amendment guarantees the right to a jury trial in civil cases in federal courts, this is not an absolute requirement as both parties can waive their right to a jury.

Furthermore, certain civil disputes, especially those involving smaller sums of money, may be heard in small claims courts or as a bench trial where the decision is made by a judge without a jury. In civil litigation:

• It usually begins when one party files a complaint.
• The purpose is to compensate for harm done to another.
• Only a 'preponderance of the evidence' is needed for the plaintiff to be successful.

Therefore, the requirement of 12 jurors does not hold true for all civil litigation cases, making option (c) the correct choice.