Exam 3: The Court System and Dispute Resolution

The oral testimony of parties or witnesses that takes place outside the courtroom and before the trial is called determination.

How many U.S. Courts of Appeal are there?

Arbitration is merely mediation that is forced upon one party.

The defendant in a trial does not have to release any evidence prior to the beginning of the trial.

A reversible error occurs only when evidence rules were violated.

A case in which the constitutionality of the USA Patriot Act is challenged would be brought in state court.

Sarah Sajak was sexually harassed at work. She filed a claim with the EEOC under Title 42 of the United States Code. The EEOC has given her a right to sue letter, a requirement for her to be able to bring suit for damages for the harassment. In which court must Sarah file her claim?

Susan Smith owns a floral shop in Mesa, Arizona.  Ms. Smith has designed a special vase that allows fresh flowers to stay fresh longer.  She has a patent pending on the vase.  Ms. Smith learns through a friend that a man who visited her floral shop while on vacation from Minnesota has begun producing and selling the vase to flower shops around the country.  The man has only been in Arizona once and it was for personal vacation.  Ms. Smith has been unable to stop him from the production of the vases. ​If she wishes to bring suit against him, which of the following statements is true?

Bankruptcy courts are the only courts in the state or federal system that handle bankruptcy declarations and proceedings.

ValuJet, Inc. is an airline based in Florida. The airline flies from Florida locations to Atlanta to permit passengers to make connections to other airlines at that major hub. A ValuJet plane crashed just outside of Orlando, Florida, killing all 110 occupants aboard the flight. Among the 110 occupants was a family of 4 from Ohio, returning home from a Florida vacation. If the family's survivors wish to file suit against ValuJet, where would a court have jurisdiction over ValuJet?

A small claims court:

Discuss the main differences between arbitration and mediation.

In a split vote of a panel of appeals court judges:

Precedent is not followed when:

Susan Smith owns a floral shop in Mesa, Arizona.  Ms. Smith has designed a special vase that allows fresh flowers to stay fresh longer.  She has a patent pending on the vase.  Ms. Smith learns through a friend that a man who visited her floral shop while on vacation from Minnesota has begun producing and selling the vase to flower shops around the country.  The man has only been in Arizona once and it was for personal vacation.  Ms. Smith has been unable to stop him from the production of the vases. ​Suppose that Ms. Smith does not want to bring a lawsuit.  Which of the following methods of resolution would be binding on her and the man from Minnesota?

The International Court of Justice is said to have _____ jurisdiction.

An appellate brief:

In which of the following cases would there be federal subject matter jurisdiction?

In a case called Smith v. Zeigfield , Zeigfield loses at the trial court level. Give the parties' names at the trial court level and explain what happens on appeal.

The federal courts in the United States have jurisdictional authority over all cases, parties, and disputes in which a U.S. firm is involved.