Exam 3: Trials and Resolving Disputes

The first thing the plaintiff must do to begin the litigation process is:

If mediation is successful, the parties to the draft a settlement agreement.

It is the defendant's responsibility to seek a writ of execution if she fails to pay a judgment.

A preliminary injunction is issued by a court if it finds that the plaintiff will likely prevail on the merits of a dispute and will suffer an irreparable injury in the absence of a court order.

When the judge instructs, or charges, the jury, she:

Attorneys may engage in direct examination of their own witnesses and cross examination of the witnesses of their opponent.

A court may dismiss a case because, even if the statements made by the plaintiff are true, there is no legal remedy for the events that happened.

Compensatory damages are intended to give injured parties to restore them to the economic position they were in before they suffered an injury.

When a case is taken to an appellate court, the attorneys for the parties must present both written briefs and oral arguments.

A directed verdict and a judgment as a matter of law are the same thing; a verdict for a party before the case goes to the jury for a verdict.

____ damages are intended to punish the wrongdoer and discourage other from engaging in similar conduct in the future.

What is the general rule concerning what is said during a mediation and a later court proceeding?

The length of witness examinations is controlled by:

In selecting an arbitrator:

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. You are Amanda's attorney. To begin your lawsuit against Musclematic you must first:

At an arbitration hearing, the process, like a court trial, must be open to the public.

If a defendant answering a complaint admits to the plaintiff's allegations but asserts additional facts that constitute a defense to the complaint, the defendant has asserted:

Which is not a stage in a typical lawsuit?

After a judgment is entered in favor of plaintiff, what may the plaintiff seek if the defendant refuses to pay?

If a court does not have jurisdiction over the subject matter of a case, the defendant may file a motion to dismiss the complaint.