Exam 3: Civil Dispute Resolution

All methods of alternative dispute resolution, such as arbitration, mediation, conciliation, and negotiation, involve a third party to help resolve the dispute.

The U.S. Supreme Court is rigidly bound by its own decisions under the doctrine of stare decisis.

To resolve a lawsuit, a court must have __________ different types of jurisdiction.

The federal courts have exclusive jurisdiction over:

Able and Baker are both residents of Iowa, but they have a dispute regarding some land located in Kansas. Able gives Baker reasonable notice that she is filing a lawsuit in Kansas regarding the land and Baker objects, claiming the Kansas courts have no jurisdiction. In this case:

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

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

Janet's husband, John, 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 John from serving on the jury and the judge agrees. This is:

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.

A court needs to have both subject matter jurisdiction and jurisdiction over the parties involved before it can hear a particular case.

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

The decision of an arbitrator is called a(n):

Arbitration is a commonly used technique for resolving international disputes.

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

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

The function of appellate courts is to examine the record of a case on appeal and to determine whether the trial court committed prejudicial error.

Explain how state courts are affected by federal court decisions under the doctrine of stare decisis.

The legal concept which deals with the location where a lawsuit should be brought is:

Describe the structure of the federal court system. How does the federal court system compare/contrast with the state court system of the state where you are living?

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