Exam 3: Civil Dispute Resolution

A pretrial conference between the judge and the attorneys representing the parties in a lawsuit is held to simplify the issues in dispute and to encourage settlement of the dispute without trial.

In the federal system, appeals from the Bankruptcy Court and Tax Court are heard directly by the U.S. Supreme Court.

The purpose of pleadings is to give notice and to establish what issues of fact and law are disputed.

When the defendant's property located within a state is seized to obtain payment of a judgment from a court from another state that is unrelated to the property being seized, the jurisdiction over the property is known as jurisdiction.

If a plaintiff in a civil lawsuit wins the case but the defendant does not pay the judgment, the plaintiff may request the clerk to issue a writ of execution. If the writ is returned unsatisfied, certain property of the defendant may be seized by the sheriff and sold to pay the judgment.

A deposition is a pretrial discovery device, which consists of sworn testimony of a witness, taken out of court.

Which is NOT TRUE about a pretrial conference?

The federal courts have jurisdiction over all matters that have not been given exclusively to the state courts by the Constitution or Congress.

To resolve a lawsuit, a court must have how many different types of jurisdiction? a. One b. Two c. Three d. Four

The pleadings in a lawsuit include:

Mark, a resident of Illinois, while driving on the freeway, hits Bill, a resident of Wisconsin, and totally destroys Bill's brand new vehicle. Bill may bring suit in federal district court:

A typical state long-arm statute applies only to nonresident defendants who commit criminal acts in the state.

On appeal, neither party may bring new evidence to the court.

When a trial is conducted with a jury, the judge determines issues of

The U.S. District Court is the trial level court in the federal court system.

Venue has to do with which state has jurisdiction over the subject matter of a lawsuit.

A civil lawsuit commences when the plaintiff files with the clerk of the trial court a complaint against the defendant.

The procedural stage of a lawsuit after the pleadings but before trial is the:

The U.S. Supreme Court reviews most decisions of lower courts by:

Stare decisis has no application in a dual court system.