Exam 3: Trials and Resolving Disputes

The defendant's reply to the complaint, in which the defendant admits or denies the allegations, is known as:

If the parties to a case agree as to the facts of the dispute, before trial, either party may ask the judge to apply the law to those facts and resolve the dispute. This is a request for:

A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:

In Cooper Tire v. Mendez, involving a blown tire in a serious accident, the Texas high court held that because the expert witness for Mendez was not reliable, the verdict in his favor was thrown out and a verdict entered for Cooper.

In Barabin v. AstenJohnson, where Barabin sued for damage suffered from exposure to asbestos, the appeals court held that the testimony of the plaintiff's expert witnesses was not legally permissible evidence because:

A defendant is allowed to file a motion to dismiss a plaintiff's complaint, but which of these would not be appropriate to file:

When a plaintiff files a suit against a defendant, plaintiff:

A defendant is allowed to file a motion to dismiss a plaintiff's complaint for the purpose of claiming which of the following:

Which of the following is NOT part of a mediator's job:

Parties to a negotiation must exchange information for the negotiation to be successful.

If a plaintiff files suit against a defendant for something that happened five years ago and there is a three year statute of limitation in which to bring suit, the defendant has an affirmative defense.

When the plaintiff first files a case, the pleadings include a remedy being sought by the plaintiff.

An appellate court can do which of the following:

If the testimony of an expert witness is critical to a case being made, but the judge rejects the expert testimony as not credible, then, according to the Supreme Court:

Information gathered at a deposition before trial may not be used as evidence at trial.

The U.S. Constitution guarantees a right to a jury trial in:

The first pleading is commonly called:

During the selection of a jury from the jury pool, attorneys:

The plaintiff's answer to a defendant's counterclaim is known as a counter-counterclaim.

As with a court decision, the doctrine of res judicata applies to disputes that are arbitrated.