Exam 3: Trials and Resolving Disputes

Suppose,before the start of a trial,the judge believes the case should be settled by the parties,rather than go to trial.The judge may:

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

An opinion written by a judge on a court of appeals who agrees with the decision of the majority,but for a different reason,is called a:

Voir dire is:

If a defendant makes a claim against a plaintiff,in response to the plaintiffs complaint against the defendant,the plaintiff responds by providing:

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

A case is ready to go to trial after completion of:

Which of the following is NOT part of a mediator's job:

Compensatory damages are intended to:

An award is:

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:

Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called:

An arbitrator's award is based on:

In the federal courts the right to a jury trial is guaranteed:

An appellate court's majority opinion:

The motion to dismiss for failure to state a claim or cause of action (a demurrer)is an allegation by the:

The screening process used to select jury members is called:

A major purpose of pretrial conferences is to:

Along with a summons,the plaintiff serves the defendant with:

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 presenting her evidence at arbitration,Ellen is quite happy when they decide that,in fact,James has violated his contractual obligations to her,and owes her damages.Any damages that Ellen wins are known as: