Exam 3: Trials and Resolving Disputes

The process of obtaining information about the dispute is known as:

If a jury cannot reach a decision, the jury is said to be:

An advantage of using an arbitrator is:

An appellate court's majority opinion:

The process of obtaining information about the dispute is known as:

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. Assume that Amanda files her suit against Musclematic. After the pleadings are completed and Amanda and her attorney have reviewed the responses of Musclematic, they believe the defendant has no good defense. Amanda should:

A judge has the power to declare judgment in a case against a party that refuses to settle a case before trial.

The person who leads an arbitration proceeding is called an arbitrator.

When studying the issues involved in a negotiation, a party should:

A deposition is taken under oath; it allows attorneys from both sides to be present.

____ is the most widely recognized form of Alternative Dispute Resolution.

To serve as an arbitrator, one must be certified by the American Arbitration Association.

At the beginning of the trial both lawyers make ____, which tell the jury what the crucial facts are and how they will prove those facts to support their position.

The ____ stage of a trial helps to preserve the testimony of witnesses whose memory may fade over time.

An affirmative defense by the defendant is a "legal excuse" for the behavior that occurred.

In Georgia State Licensing Board for Residential and General Contractors v. Allen the Georgia Supreme Court held that the lower court improperly granted an injunction against Board enforcement of the licensing process approved by the legislature.

If a party uses an expert witness to assert the existence of harm based on evidence that is contrary to scientific standards the case may be:

A complaint is a formal statement that:

The right to a jury trial:

In an affirmative defense: