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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Facts: In a civil action for damages arising from breach of a written contract for the supply of medical equipment, Plaintiff Alpha Medical, Inc. rests its case. Defendant Beta Suppliers moves for demurrer to evidence on the ground that Alpha has failed to prove a cause of action. The trial court denies the demurrer to evidence. Which of the following statements best expresses the controlling rule on the consequences of denial of a demurrer to evidence under Rule 33, and how does the case progress from that ruling?

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The denial permits the court to refer the matter to mediation to settle the action. The denial allows the case to proceed to trial; the defendant may present its own evidence in defense, and the case goes on to completion of evidence and final judgment on the merits. The denial is an appealable interlocutory order that ends the case in favor of the moving party. The denial terminates the action and the court must dismiss the case.

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