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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

A defendant admits receiving a loan but specifically alleges and properly puts in issue its complete payment before suit. The plaintiff seeks Rule 34 judgment solely because receipt of the loan is admitted. Which is correct?

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The defendant automatically wins without proof The pleaded payment defense tenders a material issue, so the admitted loan alone does not establish the no-issue basis The payment allegation is automatically irrelevant in every civil case Only a criminal court can consider payment

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