CH. 1

Question 1

admiralty

Answer 1

Pertaining to the sea

Question 2

alternative dispute resolution (ADR)

Answer 2

A term that means to settle disputes by a method other than litigation

Question 3

appeal

Answer 3

A request to a higher court to review the decision of a lower court

Question 4

appellate courts

Answer 4

Courts that review the decision of lower courts

Question 5

appellate jurisdiction

Answer 5

The power to hear a case when it is appealed

Question 6

arbitration

Answer 6

A method of settling disputes by which a neutral third party makes a decision after
hearing the arguments on both sides

Question 7

arbitrator

Answer 7

A neutral third person in an arbitration who listens to both sides and makes a decision
with regard to the dispute

Question 8

arbitrator’s award

Answer 8

Final, written decision in binding arbitration

Question 9

binding arbitration

Answer 9

Arbitration in which the decision of the arbitrator will prevail and must be followed

Question 10

caucus

Answer 10

Private session with a mediator

Question 11

cert. den. (writ of certiorari)

Answer 11

An order from a higher court to a lower court to deliver its records to the higher court for review

Question 12

change of venue

Answer 12

The removal of a suit begun in one county or district and replacement of it to another
county or district for trial

Question 13

circuits

Answer 13

Name given to the division of U.S. district courts

Question 14

code

Answer 14

A systematic collection of statutes, administrative regulations, and other laws

Question 15

compulsory arbitration

Answer 15

Arbitration that is required by agreement or by law

Question 16

conciliation

Answer 16

A neutral third person in a conciliation session who listens to both sides and who makes
suggestions for reaching a solution

Question 17

conciliator

Answer 17

A neutral third person in a conciliation session who listens to both sides and who makes
suggestions for reaching a solution

Question 18

concurrent jurisdiction

Answer 18

The power of two or more courts to hear a particular case

Question 19

court

Answer 19

a body of government organized to administer justice

Question 20

courts of appeal

Answer 20

Courts that review the decision of lower courts

Question 21

diversity of citizenship

Answer 21

Possible basis of federal jurisdiction for parties who live in different states

Question 22

exclusive jurisdiction

Answer 22

The power of one court only to hear a particular case, to the exclusion of all other courts

Question 23

federal district courts

Answer 23

Courts that hear most federal cases when they originally go to court, before there is
an appeal

Question 24

federal question

Answer 24

A matter that involves the U.S. Constitution, acts of Congress, or treason

Question 25

forum non conveniens

Answer 25

The right of a court to refuse to hear a case if it believes that justice would be better served if the trial were held in a different court

Question 26

in personam action

Answer 26

A lawsuit in which the court has jurisdiction over the person

Question 27

in personam jurisdiction

Answer 27

Jurisdiction over the person

Question 28

in rem action

Answer 28

A lawsuit that is directed against property rather than against a particular person

Question 29

jurisdiction

Answer 29

The power or authority that a court has to hear a case

Question 30

justice

Answer 30

Title given to an appellate court judge

Question 31

local action

Answer 31

A lawsuit that can be brought in only one place

Question 32

long-arm statutes

Answer 32

Statutes that allow one state to exercise personal jurisdiction over a person in another state

Question 33

mandatory arbitration

Answer 33

Arbitration that is required by agreement or by law

Question 34

maritime

Answer 34

Pertaining to the sea

Question 35

mediation

Answer 35

An informal process in which a neutral third party listens to both sides and makes suggestions for reaching a solution

Question 36

mediator

Answer 36

A neutral third person in a conciliation session who listens to both sides and who makes suggestions for reaching a solution

Question 37

mini-trial

Answer 37

An informal trial run by a private organization established for the purpose of settling disputes out of court

Question 38

negotiation

Answer 38

Two-party process of bargaining until one side agrees to an offer of settlement from the other side

Question 39

nonbinding arbitration

Answer 39

Arbitration in which the arbitrator’s decision is simply a recommendation and need not be complied with

Question 40

ordinance

Answer 40

laws passed by local or municipal legislative bodies

Question 41

original jurisdiction

Answer 41

The power to hear a case when it first goes to court

Question 42

plenary jurisdiction

Answer 42

Complete jurisdiction

Question 43

quasi in rem action

Answer 43

A lawsuit in which the court has jurisdiction over the defendant’s property, but not over the defendant’s person

Question 44

res

Answer 44

The property; the thing

Question 45

statute

Answer 45

A law passed by a legislature

Question 46

transitory action

Answer 46

A lawsuit that may be brought in more than one place as long as the court in which it is heard has proper jurisdiction

Question 47

venue

Answer 47

The place where a trial is held

Question 48

writ of certiorari

Answer 48

An order from a higher court to a lower court to deliver its records to the higher court for review