I'm having trouble with in, when, and where. I'd GREATLY appreciate some assistance with to the two questions below.
Q1 Which of the bolded terms should be used in the sentence below?
- In/When opposing Bob's motion, John bears the initial burden of . . . .
Here's some context: Bob filed a motion in court (a motion is a formal request for the court to do something). John must respond to, or oppose, that motion. In/when opposing that motion, John bears the burden of demonstrating X. In other words, to successfully oppose Bob's motion, John has to satisfy this burden.
Q2 In the sentence below, is the word "where" used correctly?
- Where, as here, the court's ruling is based on the parties' written submissions rather than an evidentiary hearing, the plaintiff need only demonstrate that X.
Context: Before issuing its ruling, the court may decide to hold a formal hearing to ask John and Bob to clarify or provide additional evidence in support of their arguments. Alternatively, the court may simply issue its ruling on the basis of Bob and John's written arguments, without the benefit of a formal hearing.
Thank you for your time.