Ch. 3: Civil Dispute Resolutions

Question 1

En Banc

Answer 1

“On the Bench”

Question 2

Reverse

Answer 2

Indicates that it annuls or avoids the judgment, or vacates the decree, of the trial court.

Question 3

Modify

Answer 3

Change the lower court’s judgment.

Question 4

Remand

Answer 4

To send back. The sending by the appellate court of a cause back to the same court out of which it came, for the purpose of having some further action taken on it there.

Question 5

Appeal by right

Answer 5

Mandatory review by a higher court.

Question 5

Affirm

Answer 5

Uphold the lower court’s judgment.

Question 6

Writ of certiorari

Answer 6

To be informed of. It is most commonly used to refer to the Supreme Court of the United States, which uses the writ of certiorari as a discretionary device to choose the cases it wishes to hear.

Question 7

Certiorari

Answer 7

To be more fully informed

Question 8

Inferior trial courts

Answer 8

Hear minor criminal cases such as traffic offenses and civil cases involving small amounts of money and conduct preliminary hearings in more serious criminal cases

Question 9

Small claims courts

Answer 9

Inferior civil courts with jurisdiction limited by dollar amount.

Question 10

Jurisdiction

Answer 10

The right and power of a court to adjudicate concerning the subject matter in a given case.

Question 11

Subject matter jurisdiction

Answer 11

Authority of a court to decide a particular kind of case.

Question 12

Exclusive Federal jurisdiction

Answer 12

Exclusive federal jurisdiction jurisdiction that permits only the federal courts to hear a case

Question 13

Concurrent Federal jurisdiction

Answer 13

Authority of more than one court to hear the same case.

Question 14

Federal question

Answer 14

Any case arising under the Constitution, statutes, or treaties of the United States.

Question 15

Diversity of citizenship

Answer 15

There is no common state citizenship between the plaintiffs and the defendants in a suit.

Question 16

Conflict of laws rules

Answer 16

That branch of jurisprudence, arising from the diversity of the laws of different nations, states, or jurisdictions, that reconciles the inconsistencies, or decides which law is to govern in a particular case.

Question 17

Stare decisis

Answer 17

Precedent is a principle or rule established in a legal case that becomes authoritative to a court or other tribunal when deciding subsequent cases with similar legal issues or facts.

Question 18

Jurisdiction over the parties

Answer 18

Power of a court to bind the parties to a suit.

Question 19

Personal jurisdiction (In Personam)

Answer 19

Jurisdiction based on claims against a person, in contrast to jurisdiction over his property.

Question 20

Long-arm statutes

Answer 20

A law that gives a court the power to exercise personal jurisdiction over a defendant who is not a resident of the state.

Question 21

In rem jurisdiction

Answer 21

A court’s power to exercise authority over property or a status against a person when the court does not have in personam jurisdiction over that person.

Question 22

Quasi in rem jurisdiction

Answer 22

A technical term used to designate proceedings or actions instituted against the thing, in contradistinction to personal actions, which are said to be in personam.

Question 23

Venue

Answer 23

“Jurisdiction” of the court means the inherent power to decide a case, whereas “venue” designates the particular county or city in which a court with jurisdiction may hear and determine the case.

Question 24

Litigation

Answer 24

Process of taking legal action.

Question 25

Class action

Answer 25

Lawsuit filed or defended by an individual or small group acting on behalf of a large group

Question 26

Pleadings

Answer 26

A series of responsive, formal, written statements in which each side to a lawsuit states its claims and defenses

Question 27

Complaint

Answer 27

The pleading which sets forth a claim for relief.

Question 28

Summons

Answer 28

Writ or process directed to the sheriff or other proper officer, requiring him to notify the person named that an action has been commenced against him in the court from which the process has issued and that he is required to appear, on a day named, and answer the complaint in such action.

Question 29

Default judgment

Answer 29

Judgment against a defendant who fails to respond to a complaint.

Question 30

Pretrial motions

Answer 30

A request made to the court by the defense or prosecution before a trial to address specific issues that may impact the case.

Question 31

Demurrer

Answer 31

An allegation of a defendant that even if the facts as stated in the pleading to which objection is taken be true, their legal consequences are not such as to require the demurring party to answer them or to proceed further with the cause.

Question 32

Answer

Answer 32

The answer is the formal written statement made by a defendant setting forth the ground of his defense

Question 33

Affirmative defense

Answer 33

A response that attacks the plaintiff’s legal right to bring an action as opposed to attacking the truth of the claim.

Question 34

Counterclaim

Answer 34

A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff.

Question 35

Reply

Answer 35

Plaintiff’s pleading in response to the defendant’s answer.

Question 36

Judgment on the pleadings

Answer 36

Final binding determination on the merits made by the judge after the pleadings.

Question 37

Discovery

Answer 37

The pretrial devices that can be used by one party to obtain facts and information about the case from the other party in order to assist the party’s preparation for trial

Question 38

Depositions

Answer 38

The testimony of a witness taken upon interrogatories, not in court, but intended to be used in court.

Question 39

Written interrogatories

Answer 39

Written questions submitted to a party from his or her adversary to ascertain answers that are prepared in writing and signed under oath and that have relevance to the issues in a lawsuit.

Question 40

Pretrial conference

Answer 40

Pretrial conference a conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial

Question 41

Summary judgment

Answer 41

Any party to a civil action to move for a summary judgment on a claim, counterclaim, or cross-claim when he believes that there is no genuine issue of material fact and that he is entitled to prevail as a matter of law.

Question 42

Voir dire

Answer 42

Preliminary examination of potential jurors.

Question 43

Challenges for cause

Answer 43

A request to remove a potential juror from a case because they may be unable to be impartial.

Question 44

Peremptory challenges

Answer 44

A defendant’s or lawyer’s objection to a proposed juror, made without needing to give a reason. (Limited amount of times)

Question 45

Opening statement

Answer 45

A speech given by a lawyer at the beginning of a trial to outline the case to the jury

Question 46

Direct Examination

Answer 46

Initial questioning of a witness, by the party that called them to the stand

Question 47

Cross-examination

Answer 47

Formal interrogation of a witness called by the other party in a court of law to challenge or extend testimony already given.

Question 48

Directed verdict

Answer 48

In a case in which the party with the burden of proof has failed to present a prima facie case for jury consideration, the trial judge may order the entry of a verdict without allowing the jury to consider it because, as a matter of law, there can be only one such verdict.

Question 49

Closing argument

Answer 49

Lawyer’s final opportunity to convince a jury or judge to rule in their client’s favor during a trial.

Question 50

Jury instructions

Answer 50

A body of persons selected and summoned by law and sworn to try the facts of a case and to find according to the law and the evidence.

Question 51

General Verdict

Answer 51

Verdict in which the jury decides which party should win the case, without listing its specific findings on any disputed issues.

Question 52

Special verdict

Answer 52

Verdict in which the jury gives its findings on particular factual issues, without necessarily stating a general conclusion on which party should win the whole case.

Question 53

Appeal

Answer 53

Resort to a superior (appellate) court to review the decision of an inferior (trial) court or administrative agency.

Question 54

Writ of execution

Answer 54

Order served by sheriff upon debtor demanding payment of a court judgment against debtor.

Question 55

Garnishment

Answer 55

A statutory proceeding whereby a person’s property, money, or credits in the possession or control of another are applied to payment of the former’s debt to a third person.

Question 56

Full faith and credit

Answer 56

The clause’s purpose is to ensure that judgments are consistent across the country and to prevent conflict between states

Question 57

Arbitration

Answer 57

The reference of a dispute to an impartial (third) person chosen by the parties, who agree in advance to abide by the arbitrator’s award issued after a hearing at which both parties have an opportunity to be heard.

Question 58

Consensual arbitration

Answer 58

Arbitration voluntarily entered into by the parties.

Question 59

Compulsory arbitration

Answer 59

Arbitration required by statute for specific types of disputes.

Question 60

Award

Answer 60

The decision of an arbitrator.

Question 61

Conciliation

Answer 61

Nonbinding process in which a third party acts as an intermediary between disputing parties.

Question 62

Mediation

Answer 62

Nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.

Question 63

Med-arb

Answer 63

Binding process in which a third party serves first as a mediator and then as an arbitrator for those issues not resolved through mediation