Exam 3: Civil Dispute Resolution

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When do the federal courts have jurisdiction to hear a case? Over what types of cases do the federal courts have concurrent jurisdiction? Over what types of cases do the federal courts have diversity jurisdiction?

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Federal courts have exclusive jurisdiction to hear cases involving federal crimes, bankruptcy, patents, copyright and trademarks, admiralty, antitrust, suits against the United States, and suits involving specified federal statutes.Federal courts have concurrent jurisdiction with state courts to hear cases involving federal questions and diversity of citizenship.Diversity jurisdiction arises where there is "diversity of citizenship" and the amount in controversy exceeds $75,000.

Able, a resident of New York, has a dispute with Baker, a resident of Illinois, involving a contract signed and performed in New York.His damages amount to $75,000, and he wants to sue.The case can be brought:

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All states have at least one federal judicial district and some, more populous states have more than one.

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

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Bankruptcy cases are heard by:

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

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Generally, State A may exercise "long arm" jurisdiction over a defendant located in State B if the defendant:

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Mediation, like arbitration, is often a compulsory process in which the mediator can render a decision, which is binding upon the parties.

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When the unsuccessful party challenges the verdict and the judge in a jury trial decides that the evidence is so clear that reasonable people could not differ as to the outcome of the case, the judge grants a:

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

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The United States Supreme Court is staffed by judges who receive lifetime appointments from the President, subject to confirmation by the Senate.

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Janet's husband, Paul, is called for jury duty and is selected for possible service on a jury.However, when he is questioned by the defendant's attorney before final jury selection, he admits that he thinks the defendant is guilty based on the news reports that he saw on the local television news.The defendant asks the judge to excuse Paul from serving on the jury.If the judge agrees:

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Attachment jurisdiction is jurisdiction over property.

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Subject matter jurisdiction refers to the authority of a particular court to adjudicate a controversy of a particular kind.

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Once a plaintiff has filed a complaint, the clerk of the court issues a notice that a suit has been brought.

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A U.S.Court of Appeals is the final step in the appeal process within the federal court system.

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In rem jurisdiction refers to jurisdiction over the person.

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Patricia Plaintiff, a resident of California, has a valid judgment against David Defendant, a resident of Nevada, which she now wishes to execute.David owns hundreds of acres of beach-front property in California.Patricia may execute her judgment in California based on what type of jurisdiction?

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What is alternative dispute resolution? Discuss the various devices that can be used.

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

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