Exam 3: Trials and Resolving Disputes

Before the case goes to the jury,each attorney presents ___________ in which he or she summarizes the evidence for the jury in a manner most favorable to their case.

In Cooper Tire v.Mendez,involving a blown tire in a serious accident,the Texas high court held that because the expert witness for Mendez was not reliable,the verdict in his favor was thrown out and a verdict entered for Cooper.

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

If the mental state a party to a suit is an issue raised by the other party the:

Suppose both sides in a suit agree about certain facts,so they do not need to be proven at trial.To settle facts about which there is no real dispute,the parties may use:

In Cooper Tire & Rubber v.Mendez,involving a tire blowout that resulted in deaths in an accident,the Texas high court held that:

The Uniform Arbitration Act was adopted by Congress to encourage the use of arbitration by federal agencies.

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

The first stage of the arbitration process is the filing of a submission.

A party receiving written interrogatories prepares answers:

Depositions are:

If the testimony of an expert witness is critical to a case being made,but the judge rejects the expert testimony as not credible,then,according to the Supreme Court:

Even if both parties admit the truthfulness of a fact related to a dispute,the fact still must still be proved by evidence in court.

Written interrogatories are questions submitted by:

If a plaintiff files a case and the defendant agrees with all the facts claimed by the plaintiff,the defendant may still be able to get the case dismissed for failure to state a claim.

Both India and China have reputations for:

A motion for a directed verdict is when parties:

An affirmative defense by the defendant is a "legal excuse" for the behavior that occurred.

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.Suppose that Amanda and Musclematic do not settle the case.It must go to trial.Who will present their case first?

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