Problem: Civil lawsuits can be won when one side presents the court with evidence the other side did not anticipate The element of surprise prevents the introduction of carefully prepared arguments resulting in the defeat of the unprepared party. Which of the following is true?
a. This process of surprise is called counterclaim
b. This process of surprise is what is called a "separate defense"
c. T his situation can only occur during a jury trial, since the judge can recess the hearing if necessary
d. Discovery is intended to remove the element of surprise from a lawsuit; therefore, the situation described above should not occur in the American legal system.