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At a Civil Trial, the Plaintiff Has Been Largely Unsuccessful

Question 34

Multiple Choice

At a civil trial, the plaintiff has been largely unsuccessful in proving medical malpractice against the defendant doctor.In the rebuttal stage of the trial, the plaintiff produces a surprise witness, who was previously unavailable and who testifies dramatically that the doctor was in fact negligent.Unfortunately for the plaintiff, the judge correctly rules that the witness's testimony is inadmissible and instructs the jury to disregard it.Notwithstanding the judge's admonition, the jury finds in favor of the plaintiff, on the basis of no evidence that was legally admitted into the record.The trial judge should grant a JNOV for the


A) plaintiff and grant the defendant's motion for a new trial.
B) plaintiff and grant the plaintiff's motion for a new trial.
C) defendant and grant the plaintiff's motion for a new trial.
D) defendant and grant the defendant's motion for a new trial.

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