Exam 3: Trials and Resolving Disputes

A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant is most likely to file which of the following in response to the complaint:

The defendant always goes first in presenting a case in court because the plaintiff brought the suit.

Voir dire is:

The discovery state in the trial process prevents a:

Barabin was exposed to products containing asbestos at work that he contended caused his lung cancer. The products were made by AstenJohnson, which he sued. At trial, AstenJohnson contended Barabin's expert witness was not qualified to testify and asked the judge to hold a hearing to determine credibility. The judge refused, saying that was for the jury to determine. The jury awarded Barabin $10.2 million. AstenJohnson appealed, contending the judge was responsible for determining the credibility of the expert witness. The court of appeals held that:​

The length of witness examinations is controlled by:

Juries must always be used in federal courts in civil trials involving more than $20.

Fact Pattern 3-1 Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem. -Refer to Fact Pattern 3-1. If Amanda files a lawsuit against Musclematic, the company might want to seriously consider:

Summary judgment:

When a court hears an appeal it may affirm, modify, or reverse the decision of the trial court.

Statements alleging the essential facts necessary for the court to take jurisdiction are included in the ____.

Suppose both sides in a suit agree about certain facts, so they do not need to be proven at trial. To settle facts about which there is no real dispute, the parties may use:

If a defendant does not respond to a case filed by a plaintiff, the plaintiff wins.

The majority decision of an appellate court is referred to as:

When a court issues an ex parte temporary restraining order:

A motion for summary judgment is granted most often when the facts of the case are in dispute.

A permanent injunction is a(n):

Voir dire is:

In Naples v. Keystone Building and Development, where a new home had many problems, the Connecticut Supreme Court held that the lower court had granted compensatory damages that were too large, so they must be reduced to cover "actual damages."

An irreparable injury is: