Exam 3: Trials and Resolving Disputes

A purpose of discovery is to allow parties to develop arguments for courtroom use that the other side will not have thought about.

In the ____ the judge tells the jury the applicable law, summarizes the issues of the dispute, and states which of the parties has the burden of persuasion.

Depositions:

Which is the correct order of stages for a typical lawsuit:

When an appellate court's opinion agrees with (upholds) the decision of the trial court, the court is said to have ____ the decision.

The screening process used to select jury members is called:

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

Rights are enforced and violations of rights are compensated by:

In Barabin v. AstenJohnson, where Barabin sued for injury from asbestos, the appeals court held that because the expert witness for Barabin was not reliable, Barabin had to pay AstenJohnson's legal fees from the trial.

When a plaintiff files a lawsuit, the bailiff is responsible for service of process to the defendant.

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. Assume that Ellen sees James' unauthorized actions as the basis for a legal dispute. If she arbitrates, what must she do first?

One reason companies often settle suits out of court is to protect executives from taking time to give depositions on behalf of the company.

If a physical exam is necessary to determine the extent of an injury to the plaintiff that is relevant to a case, the doctor used must be one approved by the plaintiff.

A counterclaim is:

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

If a party requests sensitive documents, such as a trade secret, the order will not be granted unless the court remains in possession of the evidence at all times.

Compensatory damages are said, by the Supreme Court, to be given only for "direct physical injury." That cannot include "mental injury."

Luis, a highly talented painter, signs a contract to paint Mina's home, which is very unique and difficult to paint. After one day, Luis decides the job is not worth it and leaves. Mina asks the court to force Luis to paint the house as agreed. Mina is requesting:

After pleadings, litigation enters the discovery stage.

An adversary system of justice is one in which: