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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 service contract, Nova Maritime Services, Inc. sues Pacific Chartering Corp. After Nova rests its case, and before Pacific presents its evidence, Pacific moves for demurrer to evidence on the ground that Nova has failed to prove a cause of action. The trial court denies the demurrer to evidence. (a) State the controlling rule on the consequences of denial of a demurrer to evidence under Rule 33. (b) Explain how the denial affects the progression of the case and the rights of the parties. (c) If the court had granted the demurrer to evidence instead, what would be the consequence and why?

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Denial leaves the action alive and the plaintiff may continue to offer evidence; the defense may present its own evidence later; if the demurrer had been granted, the action would be dismissed for failure to prove a cause of action. Granting the demurrer to evidence results in dismissal of the action for failure to prove a cause of action. Denial requires the court to proceed to the defense's evidence without allowing the plaintiff to introduce further evidence. If demurrer to evidence is denied, the court must schedule a new trial date.

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