Author Topic: Opening Arguments #TTTBE  (Read 38678 times)

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Offline The Latinist

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Re: Opening Arguments #TTTBE
« Reply #735 on: December 03, 2019, 02:14:19 PM »
I think the issue is that in many if not most jurisdictions the landlord does have to provide actual possession. What the question wants you to realize is that none of the other answers is true so the only way the court could find in favor of the landlord is if, in the jurisdiction in question, the landlord does not have to provide actual possession but only the legal right of possession.
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #736 on: December 06, 2019, 01:31:05 PM »
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Offline Swagomatic

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Re: Opening Arguments #TTTBE
« Reply #737 on: December 06, 2019, 01:35:13 PM »


I was sent the answer to this already, so I'm spoilered out this week. I guess the limited-use time machine must have malfunctioned.   :D
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #738 on: December 06, 2019, 01:39:01 PM »
I'm not sure. I do not think that it is A or B. So it comes down to C or D. I am under the impression that double jeopardy would be applied. I am also under the impression that it comes off if new evidence comes to light. C sounds good because they did commit fraud in their case(unless there was some sort of miraculous healing).

I don't know I think I'll go with C but can see D being correct.
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #739 on: December 06, 2019, 01:39:40 PM »


I was sent the answer to this already, so I'm spoilered out this week. I guess the limited-use time machine must have malfunctioned.   :D

Yes they sent it out in the wrong order this week.  >:(
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Offline PANTS!

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Re: Opening Arguments #TTTBE
« Reply #740 on: December 06, 2019, 01:50:50 PM »
B or D.

I'll go with D?
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Offline daniel1948

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Re: Opening Arguments #TTTBE
« Reply #741 on: December 06, 2019, 02:12:54 PM »
I don't know what remittitur means, but I kind of think that events after the trial would not bear on the legality of the decision. I don't think the court can (would?) reverse a decision based on what the jury is supposed to have believed. So that leaves C and D. But I don't think that fraud is proved by the videotape because the plaintiff could allege that she was presenting the best information she had. (I think she committed fraud, but I don't think the videotape proves it.)

So maybe it's D because that deals with evidence bearing on the facts of the case.

But Both D and A are asking for relief because the injuries were not permanent, and since I think there has to be just one right answer and those two seem to be pretty much equivalent, that would mean B or C, both of which I already ruled out. Between those two, "Jury had a mistaken belief" seems the weaker case than "Fraud," so in the end...

I'm going to pick C: Fraud. Jogging with her doctor two months after the accident (or two months after the judgement) makes it hard to believe that the plaintiff, her doctor, and her lawyer really believed her paralysis was permanent, or even genuine.

But that seems so obvious that it's probably wrong.

So I don't know the answer, but I pick C as my guess.
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Offline PANTS!

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Re: Opening Arguments #TTTBE
« Reply #742 on: December 06, 2019, 02:26:31 PM »
I don't know what remittitur means, but I kind of think that events after the trial would not bear on the legality of the decision. I don't think the court can (would?) reverse a decision based on what the jury is supposed to have believed. So that leaves C and D. But I don't think that fraud is proved by the videotape because the plaintiff could allege that she was presenting the best information she had. (I think she committed fraud, but I don't think the videotape proves it.)

So maybe it's D because that deals with evidence bearing on the facts of the case.

But Both D and A are asking for relief because the injuries were not permanent, and since I think there has to be just one right answer and those two seem to be pretty much equivalent, that would mean B or C, both of which I already ruled out. Between those two, "Jury had a mistaken belief" seems the weaker case than "Fraud," so in the end...

I'm going to pick C: Fraud. Jogging with her doctor two months after the accident (or two months after the judgement) makes it hard to believe that the plaintiff, her doctor, and her lawyer really believed her paralysis was permanent, or even genuine.

But that seems so obvious that it's probably wrong.

So I don't know the answer, but I pick C as my guess.

I think C is not the best option for seeking relief.  However, I do think fraud could be pursued in a separate action by the insurance company.  HOWEVER - I am not even close to being a lawyer.
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Offline CarbShark

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Re: Opening Arguments #TTTBE
« Reply #743 on: December 06, 2019, 04:03:25 PM »
(click to show/hide)
and Donald Trump is President of the United States.

I'm not a doctor, I'm just someone who has done a ton of research into diet and nutrition.

Offline The Latinist

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Re: Opening Arguments #TTTBE
« Reply #744 on: December 07, 2019, 08:40:30 AM »
I think it's A or D.  I'm going to go with A.
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #745 on: December 07, 2019, 09:43:55 AM »
Answer to #156

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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #746 on: December 07, 2019, 09:49:54 AM »
This was one of those questions that shows that you need a little bit of understanding of the law to get it right. I did what Thomas did and eliminated the answers that I thought were wrong and narrowed it down to 2 answers to better my odds. In other words standard test taking procedure.
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Offline daniel1948

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Re: Opening Arguments #TTTBE
« Reply #747 on: December 07, 2019, 02:49:14 PM »
I'm actually kind of surprised that I got it right.

This was one of those questions that shows that you need a little bit of understanding of the law to get it right.

I don't think anybody understands the law.  ::)

Daniel
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