When the Party Making the Statement Would Have Known the Truth

question 25

Multiple Choice

When the party making the statement would have known the truth about the fact had he used reasonable care to discover or reveal it,the statement is a(n) ________.

• A)innocent misrepresentation
• B)fraudulent misrepresentation
• C)non-material misrepresentation
• D)negligent misrepresentation
• E)commercial disparagement

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Definitions:

In Rem Jurisdiction

Refers to a court's power over an item of property, rather than over a person.

Mediation

A form of alternative dispute resolution where a neutral third party helps disputing parties find a mutually satisfactory resolution.

Counterclaim

A legal claim brought against the plaintiff by the defendant, typically in response to the original lawsuit.

Affirmative Defense

A defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal or civil liability, even if it is proven that the defendant committed the alleged acts.