Exam 3: Trials and Resolving Disputes

According to the Federal Arbitration Act:

A final court order, issued after the conclusion of the trial or as part of a settlement agreement is a:

A plaintiff may win a lawsuit and only be awarded one dollar; that is, given nominal damages.

Before a jury has retired to consider its verdict, either party may ask the court to grant a directed verdict based on the evidence.

Ralph hangs a sign in front of his office that reads, "Ralph, Expert Mediator." In fact, Ralph has no training as a mediator. If Cindy uses Ralph's services and finds the agreement he negotiated to be nonsense, she may:

If a court does not have jurisdiction over the person of a defendant, the defendant may move to have the plaintiff's case dismissed.

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

An arbitrator must be:

Compensatory damages are intended to:

Fact Pattern 3-2 Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange." Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. -Refer to Fact Pattern 3-2. If Ellen takes her dispute to the local court, according to the Federal Arbitration Act, what should happen?

Which of the following is an example of an affirmative defense:

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

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. Because Musclematic is a business, if Amanda files suit against them, the case is:

The screening process used in selecting the jury members from the jury pool is called res judicata.

The purpose of the discovery stage before trial is to:

Statements of the facts necessary to claim that the plaintiff is entitled to remedy are included in the ____.

The U.S. Constitution guarantees a right to a jury trial in any state court in the U.S.

Defendant's motion to dismiss for failure to state a claim (demurrer) is used when there is a technical error in plaintiff's lawsuit, such as the case being filed in the wrong court. Such motions do not concern the adequacy of the claim itself.

The least formal form of ADR is mediation.

The plaintiff's answer to claims made by the defendant against the plaintiff is known as a reply.