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Legal Questions

1. What factors might you consider in deciding whether to insist on a jury trial?

2. Name two forms of discovery. What are the advantages and disadvantages of each?

3. You file a complaint for breach of contract, claiming that you are owed
$300,000. The day you file your complaint, your opposing party offers
to settle by paying you $150,000 immediately. Should you take this
offer? What factors should you consider in evaluating the offer?

4. What are some of the freedoms that the Constitution guarantees the citizens of the U.S.?

Solution Preview

1) Before insisting on a jury trial, you need to figure out whether you want the verdict to focus on the facts or the law. Juries only focus on the facts and determine what they believe really happened. Based on the facts they believe, the law is applied to these facts and a verdict is rendered. The Judge will focus on the facts as well but he will put a lot more weight on the law and fit the facts into the law as that is what he does on a daily basis and that is his job. Thus, by agreeing to one set of facts, a jury ...

Solution Summary

Jury trial, discovery, breach of contract, settlement and constitutional freedoms

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