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Exam 3: Trials and Resolving Disputes

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Question 181

Multiple Choice

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The purpose of the discovery stage before trial is to:

A) prevent surprises at trial
B) preserve evidence of witnesses who might not be available for trial
C) encourage pretrial settlements
D) narrow the range of claims being made
E) all of the other choices may be correct

F) All of the above
G) None of the above

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Question 182

Multiple Choice

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The arbitration process begins with:

A) a remission
B) a complaint
C) a submission
D) a motion to permit suit
E) a demurrer

F) B) and E)
G) A) and C)

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Question 183

True/False

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Corporate executives must give testimony in court,whenever so requested,to answer questions about company policy and other matters.

If a court does not have jurisdiction over the person of a defendant,the defendant may move to have the plaintiff's case dismissed.

In an affirmative defense:

Before the case goes to the jury,each attorney presents ___________ in which he or she summarizes the evidence for the jury in a manner most favorable to their case.

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 $50,000 is called:

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:

A means of settling disputes,under which parties submit the matter to a neutral third party of their choosing to resolve the dispute by issuing a binding decision is called:

The purpose of the discovery stage before trial is to:

________________ is the most widely recognized form of Alternative Dispute Resolution.

If a jury cannot reach a verdict,the judge:

If an appellate court judge disagrees with the majority opinion,she may write a:

Judges often use the pretrial conference as a forum for encouraging settlements.

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.After the pleading stage of Amanda's lawsuit is complete,she need to use the discovery process to gather information.If Amanda wants to see the design plans for the machine that injured her she should:

The screening process used to select jury members is called:

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

After the close of an arbitration hearing,the arbitrator:

When a court hears an appeal it may affirm,modify,or reverse the decision of the trial court.

Even if the physical or mental condition of a party to a lawsuit is an issue,an examination by doctors cannot be required due to the constitutional right of privacy.