A Surety May Raise the Defense of Lack of Capacity

question 5

True/False

A surety may raise the defense of lack of capacity of parties, absence of consideration, fraud, or mistake.

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Definitions:

Interrogatory

A written question that one party in a lawsuit sends to another party as part of the discovery process, which must be answered in writing and under oath.

Directed Verdict

A verdict issued by a judge who has, in effect, taken the case away from the jury by directing a verdict for one party. Usually, the motion for a directed verdict is made at trial by one party after the other party has finished presenting his evidence.

Depositions

Formal, recorded testimonies of witnesses taken under oath outside of court, used in the discovery process before a trial.

Documentary Evidence

Materials like documents, records, or written correspondence used in legal proceedings to support facts or assertions.