Exam 3: Trials and Resolving Disputes

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. Please answer multiple choice questions 326 to 336 based on these facts. -Refer to Fact Pattern 3-1.After Amanda presents her case,the attorney for Musclematic would be best advised to:

Arbitrators may award punitive damages as part of a judgment.

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:

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." -Refer to Fact Pattern 3-2.After Ellen receives her determination from the arbitrators,James decides that the arbitrator was wrong in his understanding of the brokerage agreement.James decides to appeal the decision of the arbitrators.In this case:

Punitive damages may not exceed the compensatory damages awarded in a given case.

Specific performance is often a remedy in cases involving:

After the initial exchange of pleadings,litigation enters the:

Which of the following is not a discovery tool used for obtaining information from the opposing party?

The plaintiff selects the court in which to file an action against a defendant.

The complaint filed by plaintiff contains:

A defendant must file a responsive pleading to a complaint filed by a plaintiff.The defendant is most unlikely to file which of the following in response to the complaint:

The process of obtaining information about the dispute is known as:

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

Failure to comply with an arbitrator may result in:

A preliminary injunction is also known as an interlocutory injunction.

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

In the pleading known as the ____________,the defendant will admit,deny,or say that it does not know the truth,with respect to each assertion of the plaintiff.

The decision by the majority of the members of an appellate court is referred to as:

The decision of an arbitrator may be overturned on appeal if it is found that the arbitrator was incompetent as to knowledge of the law involved.

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." -Refer to Fact Pattern 3-2.After Ellen presents her dispute for arbitration,the parties will present their evidence before an arbitrator,or arbitral panel.This presentation is known as: