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Court may grant leave under Section 232 if...

A)The plaintiff can prove innocence beyond a reasonable doubt
B) There is a valid reason for extending the court proceedings
C)The defendant refuses to participate in the legal process
D) Both parties agree to settle the dispute outside of court

User Zach Gates
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1 Answer

4 votes

Final answer:

In civil cases, the burden of proof is on the plaintiff to prove the case 'beyond a preponderance of the evidence.' In criminal cases, the state must prove its case 'beyond a reasonable doubt.' Leave under Section 232 is granted for various reasons, not solely based on the defendant's refusal to participate. The correct answer is None of the above.

Step-by-step explanation:

In civil cases, the burden of proof is on the plaintiff to prove the case 'beyond a preponderance of the evidence.' In criminal cases, the state must prove its case 'beyond a reasonable doubt.' These are two different standards of proof. Therefore, option A) The plaintiff can prove innocence beyond a reasonable doubt, is incorrect because this standard applies to criminal cases. Option B) There is a valid reason for extending the court proceedings is incorrect because granting leave under Section 232 is not about extending court proceedings but rather about granting permission for an action. Option C) The defendant refuses to participate in the legal process is incorrect. While this could be a reason for granting leave, it is not the only reason. Leave can be granted for a variety of reasons, not solely based on the defendant's refusal to participate. Option D) Both parties agree to settle the dispute outside of court is also incorrect. Granting leave under Section 232 does not pertain to settlement outside of court, but rather granting permission for a particular action. Therefore, the correct answer is None of the above.

User Jesse De Wit
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