Exam 3: Civil Dispute Resolution

A motion to dismiss a lawsuit for failure to state a claim is a(n):

If you are a member of a certified class in a class action lawsuit, which of the following is a possible outcome?

If Alice, a resident of Ohio, has obtained a valid judgment against Bill, a resident of Kentucky:

State trial courts of general jurisdiction:

Meg, an attorney, has a case that was recently heard by the United States Court of Appeals. She would like to have the United States Supreme Court hear the case. One way by which the U.S. Supreme Court may review the case is by:

The U.S. Supreme Court has held that a state may exercise personal jurisdiction over a nonresident defendant who is temporarily present by personally serving the defendant in the state.

For the general trial courts in the federal system, Congress has established nearly 100 judicial districts, each of which is located entirely in a particular state.

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

A writ of execution as used in civil law litigation allows:

Pleadings are the post-judgment requests of the losing party for a higher court to take an appeal of the case.

When a class action is permitted, the group files the lawsuit with a representative plaintiff, called the "named plaintiff" or "lead plaintiff."

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

The appellate court does not hear any new evidence but rather takes the case upon the record, abstracts, and briefs.

When do the federal courts have exclusive 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?

Attorneys for Tigre Corp. and Swindal Co. are entering a structured settlement process whereby they conduct limited discovery and then present evidence to a panel of managers from each company as well as to a neutral retired judge. They are involved in an alternative dispute resolution technique known as a mini-trial.

Jurisdiction is defined as the power or authority of a court to hear and decide a given case.

What is jurisdiction? How does subject matter jurisdiction differ from jurisdiction over the person? How does in personam jurisdiction differ from jurisdiction in rem ?

Which of the following are pleadings?

The U.S. Court of International Trade has worldwide jurisdiction over cases involving international trade and customs issues.

__________ jurisdiction refers to the authority of a particular court to judge a controversy of a particular kind.