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What does the term 'discovery' refer to in legal proceedings?

  1. Presenting the case before a judge

  2. Ascertaining facts about the case

  3. The final arguments made by both parties

  4. Reviewing previous case law

The correct answer is: Ascertaining facts about the case

The term 'discovery' in legal proceedings refers specifically to the process of ascertaining facts about a case before it goes to trial. This stage allows both parties to gather information from each other through various means such as interrogatories, depositions, requests for documents, and admissions. The objective of discovery is to ensure that all relevant information is shared, which promotes a fair trial by preventing surprises and allowing for a more informed discussion of the issues at hand. This process is essential because it facilitates the preparation of both parties for the case and helps to clarify the matters in dispute. By examining evidence and facts prior to trial, both parties can better understand their positions and may even resolve issues without needing to go to court. The other options, while related to legal proceedings, do not accurately encapsulate the meaning of 'discovery.' Presenting the case before a judge refers to the trial phase, while final arguments occur at the end of a trial and reviewing previous case law pertains to legal research rather than the investigative process that discovery entails.