Legal Process and Trial Proceedings Flashcards
6 cards from real Mesothelioma Lawsuit practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Legal Process and Trial Proceedings flashcards as text
What is an 'interlocutory appeal' in mesothelioma litigation?
Answer: An appeal of a pretrial ruling before the case has concluded
An interlocutory appeal challenges a pretrial ruling, such as an evidentiary or summary judgment decision, before the case reaches final judgment.
What does 'directed verdict' mean in a mesothelioma trial?
Answer: A judge's ruling that the evidence is insufficient for the jury to find for one party
A directed verdict (now called 'judgment as a matter of law') occurs when the judge rules that even viewing all evidence favorably, no reasonable jury could find for the opposing party.
What is 'comparative fault' and how does it affect mesothelioma verdicts?
Answer: Plaintiff's own negligence reduces damages proportionally in states that recognize comparative fault
In comparative fault states, if the plaintiff bears partial responsibility for their exposure, their damage award is reduced by their percentage of fault.
What is 'strict liability' in mesothelioma product liability cases?
Answer: Manufacturers are liable for defective products that cause harm regardless of negligence
Strict liability holds asbestos product manufacturers liable for mesothelioma caused by their products without requiring proof of specific negligence or intent.
What is the significance of the 'Borel v. Fibreboard' case in mesothelioma litigation history?
Answer: It established that asbestos manufacturers could be held strictly liable for worker mesothelioma
The 1973 Fifth Circuit decision in Borel v. Fibreboard was a landmark ruling establishing strict product liability for asbestos manufacturers, opening the door to modern mesothelioma litigation.
What is a 'remittitur' in mesothelioma verdict appeals?
Answer: A court order reducing an excessive jury verdict to a more reasonable amount
Remittitur allows a judge to reduce a jury verdict that is deemed excessive or unsupported by evidence, often offered as an alternative to granting a new trial.