Exam 3: Trials and Resolving Disputes

If a plaintiff files suit against a defendant for something that happened five years ago and there is a three year statute of limitation in which to bring suit,the defendant has an affirmative defense.

After DeepBlue presents its case as plaintiff,Paul's Store,defendant,moves for a directed verdict.The judge denies the motion.The next step in the trial is that the attorney:

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

The specific tools of discovery include:

Negotiated settlements are usually:

A request for admissions means parties agree to accept certain facts as true and not require them to be proven in court.

Christy has many dealings in court.Which of the following court orders affecting her is not a remedy in equity?

Negotiations has been rising in popularity in recent years as a method of dispute resolution.

Expert witness testimony will be thrown out if it does not comply with the standards of the profession or science involved.

The plaintiff's answer to a defendant's counterclaim is known as a counter-counterclaim.

Ralph hangs a sign in front of his office that reads,"Ralph,Expert Mediator." In fact,Ralph has no training as a mediator.If Cindy uses Ralph's services and finds the agreement he negotiated to be nonsense,she may:

At the close of discovery,either party may:

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

When a losing party to an arbitration appeals the arbitrator's decision to the courts,to have a chance of success,the appeal best be based on:

A judge has the power to order a party to attend a pre-trial settlement conference,even if the party refuses to settle the case before trial.

The Constitution requires the use of juries in all criminal cases.

When a plaintiff files a lawsuit,the bailiff is responsible for service of process to the defendant.

An advantage of using an arbitrator is:

The purpose of the pleadings is to:

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.What is the likelihood that Amanda will be able to depose the president of Musclematic or obtain an interrogatory?