Exam 3: Trials and Resolving Disputes

If there is not legally sufficient evidence on which a jury could find for the other party, a party may make a:

If the mental state a party to a suit is an issue raised by the other party the:

The motion to dismiss for failure to state a claim or cause of action (a demurrer) is an allegation by the:

In Naples v. Keystone Building and Development Corp. in which the Naples sued Keystone for the cost of repairing major problems in the house Keystone built for the Naples, the state supreme court held that:

A means of settling disputes, under which parties submit the matter to a neutral third party of their choosing to resolve the dispute by issuing a binding decision is called:

Res judicata means:

Traditionally, arbitration is a voluntary process.

The Constitution guarantees a right to a jury trial in criminal cases.

The Constitution guarantees the right to use a jury in all civil penalty cases.

The U.S. judicial system is considered to be "jointly cooperative."

When an arbitration case is heard, the process is called the resolution.

To encourage honesty in mediation, mediators may not be required to testify later in court about the matter they tried to mediate.

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. Suppose that Amanda and Musclematic do not settle the case. It must go to trial. Who will present their case first?

Attorneys get a change to explain their clients' view of the case to the jury, tell the tell the jury who the witnesses will be, and provide a roadmap of the trial during the:

Depositions are:

In situations when monetary damages are not practical or effective, the court may order a remedy in equity. These include:

The most widely recognized form of alternative dispute resolution process is:

A case may enter the appellate stage if the losing party at the trial stage believes an error in determining the facts has been made during the course of the trial.

The final closing argument is always presented by the defendant.

If an appellate court judge disagrees with the majority opinion, she may write a: