Exam 3: Trials and Resolving Disputes

Which contracts often include arbitration clauses?

One possible basis for the appeal of an arbitral award is if the award was obtained by fraud.

International disputes over domain names are often resolved by ADR at the World Intellectual Property Organization.

The formal statements made to the court by the parties to a case that list their claims and defenses are called:

Compensatory, punitive and nominal are all categories of:

An allegation by the defendant that that the law furnishes no remedy for plaintiff's claimed injury is known as:

If a defendant does not respond to the plaintiff's complaint the court will:

If a jury cannot reach a verdict, the jury is said to be hung.

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. Amanda does file a suit against Musclematic. But assume that she waits too long to file the claim. When Musclematic replies to Amanda's initial pleading, it should:

If a party to an arbitration agreement wants to avoid arbitration by going to court, a court may not force the party to arbitrate their claim.

An adversary system of justice is one in which:

Arbitrations are guided by:

Most discovery occurs during courtroom proceedings.

After completion of the discovery process the case is ready:

Sworn testimony, outside of the courtroom, of a witness recorded by a court official is a:

To ensure fairness in trials, most courts freely allow new trials.

An example of an injunction is a court order directing someone to stop doing something. This is a part of:

To make sure that they remain together and that there is no misconduct, the jury is placed in the custody of the ____ while they deliberate.

If the loser of an arbitration decision in an international cotton contract dispute fails to follow the order of the arbitrator:

The general rule is that one does not have to produce evidence for the opposing party if to do so is "unduly burdensome."