Exam 3: Trials and Resolving Disputes

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.If Ellen and James did mediate this dispute,their mediator:

At pretrial conferences,judges often encourage:

When a case is taken to an appellate court,the attorneys for the parties must present both written briefs and oral arguments.

The Constitution guarantees a right to a jury trial in criminal cases.

Ginger attacks Richard and cuts him with a knife.He sues Ginger.The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious.The $100,000 is called:

When giving answers to interrogatories,the witness may not leave the room to look up information.

According to the Federal Arbitration Act,agreements to arbitrate should be upheld by U.S.courts.

According to the Supreme Court,courts must exclude evidence that is:

The first stage of a negotiation should involve:

An adversary system of justice does not:

In Naples v.Keystone Building and Development Corp.in which the Naples sued Keystone for the cost of repairing major problems in the house Keystone built for the Naples,the state supreme court held that:

If a court wants to prevent the destruction of evidence until a formal hearing can be held,it may order an injunction such as a:

A court order to an official,such as the sheriff,to seize the property of the defendant to satisfy a judgment is known as a:

In the British legal system,there are two kinds of practicing lawyers,barristers and solicitors.

Most of the time,in appellate courts,__________ judges hear an appeal.

According to the Federal Rules of Civil Procedure,a party seeking information must use a discovery tool that:

Mediators may be required,in some states,to be trained professionals.

The judge instructs the jury on the applicable law and how the jury is to review the facts in dispute.

To serve as an arbitrator,one must be certified by the American Arbitration Association.

A final court order,issued after the conclusion of the trial or as part of a settlement agreement is a(n):