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Carlos Carelessly Ran a Red Light, and Struck Cantwell, a Pedestrian

Question 51

Multiple Choice

Carlos carelessly ran a red light, and struck Cantwell, a pedestrian, all in full view of several bystanders. When Cantwell sued Carlos for damages, all the witnesses testified that Carlos did indeed run the light. Nevertheless, the jury found Carlos had met his duty of care and therefore was not liable for the injuries. The judge, however, responding to a motion from Cantwell's attorney, found Carlos negligent and liable on the basis of the overwhelming evidence presented at trial. Which of the following statements best describes the judge's action?


A) This is illegal, as it would be double jeopardy.
B) This was improper, because the judge cannot overrule a jury.
C) This is proper and is called voir dire .
D) The judge has the power to grant the motion and it is called a judgment n.o.v.

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