Assume for Purposes of This Assignment That, Contrary to the Weight

question 143

Essay

Assume for purposes of this assignment that, contrary to the weight of the evidence, the jury returned a verdict against Mrs. Forrester. The areas that you believe the jury ignored are a) that Hart was looking at the van radio just prior to the accident; b) that several of Mercury Parcel's documents showed the van had faulty brakes; and c) that defendants offered no evidence whatsoever that Mrs. Forrester was careless or contributed in any way to the accident. Using your state form, draft a motion (no supporting affidavit or memorandum) for judgment notwithstanding the verdict.

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Definitions:

Availability Heuristic

A mental shortcut that relies on immediate examples that come to mind when evaluating a specific topic, concept, method, or decision.

Fundamental Attribution Error

The tendency to overestimate the influence of personality and underestimate the impact of situational factors on other people's behavior.

False Consensus Effect

The tendency for people to overestimate the extent to which their beliefs, opinions, preferences, values, and habits are normal and typical of those of others.

Counterfactual Thinking

The human tendency to create possible alternatives to life events that have already occurred, something akin to imagining "what might have been."