Exam 3: Trials and Resolving Disputes

A person is injured in an accident involving a GM car.The person sues GM,claiming the design of the vehicle was defective.They claim that they must ask the president of GM certain questions.The president:

In a civil trial the parties must prove their contentions:

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

The general rule is that a party may refuse to provide evidence to the party on the other side of a case if that evidence was exclusively developed by the party who has it.

If a party refuses to comply with the requests of the other side for evidence,the court may enter judgment in the case against the non-complying party.

When an appellate court disagrees with the decision reached by the trial court,the appellate court:

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

A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:

Before the case goes to the jury,the attorneys of both parties present:

In most arbitration,an arbitrator is picked randomly from amongst a group of potential arbitrators.

When a court orders someone not to do something,this is known as:

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

As a practical matter,when a party is unhappy with the decision from arbitration,it is most common to:

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.

If a judge writes a concurring opinion it means that:

After both parties have rested,the defendant,but not the plaintiff,may move for (request of the judge)a directed verdict.

The length of witness examinations is controlled by:

If an appeals court reverses a trial court decision,it:

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.If Amanda sues Musclematic she will probably file a products liability claim.If she does,if she wins the case,and if she receives an average award from a jury,Amanda will receive:

British court proceedings differ from American court proceedings in part because: