Chapter 2 ACC 473

Question 1

______can decide omng other things whether the laws or actions of the other two branches are constitutional.

Answer 1

JUDICIAL REVIEW

Question 2

____ means law in latin.

Answer 2

JURIS

Question 3

_____ means to speak in latin.

Answer 3

DICTION

Question 4

_____ means the power to speak.

Answer 4

JURISDICITON

Question 5

________ means personal jurisdiction over ny person or business that resides in a certain geographic are.

Answer 5

IN PERSONAAM JURISDICTION

Question 6

A cout can also excersice jurisdictionover property that is located within its boundaries. This kid of jurisdictionis known as ____

Answer 6

IN REM JURISDICTION

Question 7

Under the authority of a
state____________, a court can exercise personal
jurisdiction over certain out-of-state defendants
based on activities that took place within the
state.

Answer 7

LONG ARM STATUTE

Question 8

________are state courts that handle only
matters relating to the transfer of a person’s assets
and obligations after that person’s death, including
issues relating to the custody and guardianship of
children.

Answer 8

PROBATE COURTS

Question 9

___________ handle only bankruptcy proceedings,
which are governed by federal bankruptcy
law

Answer 9

BANKRUPTCY COURTS

Question 10

Courts in which lawsuits begin, trials take place, and

evidence is presented are referred to as _________.

Answer 10

COURTS OF ORIGINAL JURISDICTION

Question 11

In the federal

court system, the ______ are trial courts

Answer 11

DISTRICT COURTS

Question 12

Federal district courts
can also exercise original jurisdiction over cases
involving ________.

Answer 12

DIVERSITY OF CITIZENSHIP

Question 13

The term ________
applies whenever a federal court has jurisdiction over
a case that does not involve a question of federal law.

Answer 13

DIVERSITY OF CITIZENSHIP

Question 14

When both federal and state courts have the power
to hear a case, as is true in suits involving diversity
of citizenship, ____________ exists.

Answer 14

CONCURENT JURISDICTION

Question 15

When cases can be tried only in federal courts or

only in state courts, ________ exists.

Answer 15

EXCLUSIVE JURISDICTION

Question 16

_________ is concerned

with the most appropriate location for a trial.

Answer 16

VENUE

Question 17

In order to bring a lawsuit before a court, a party
must have___________, or a sufficient stake in
a matter to justify seeking relief through the court
system.

Answer 17

STANDING TO SUE

Question 18

Standing to sue also requires that the controversy
at issue be a ____________—a controversy
that is real and substantial, as opposed to
hypothetical or academic.

Answer 18

JUSTICABLE CONTROVERSY

Question 19

______________ are
inferior trial courts that hear only civil cases involving
claims of less than a certain amount, such as
$5,000 (the amount varies from state to state).

Answer 19

SMALL CLAIMS COURTS

Question 20

A ___________ deals
with what really happened in regard to the dispute
being tried—such as whether a party actually burned
a fl ag.

Answer 20

QUESTION OF FACT

Question 21

A __________ concerns the application
or interpretation of the law—such as whether fl agburning
is a form of speech protected by the First
Amendment to the U.S. Constitution.

Answer 21

QUESTION OF LAW

Question 22

A _______
is an order issued by the Supreme Court to a lower
court requiring the latter to send it the record of
the case for review.

Answer 22

WRIT OF CERTIORARI

Question 23

The Court will not issue a writ
unless at least four of the nine justices approve of it.
This is called the ________.

Answer 23

RULE OF FOUR

Question 24

________—the process of resolving a dispute
through the court system—is expensive and time
consuming.

Answer 24

LITIGATION

Question 25

The simplest form of ADR is ________, a process
in which the parties attempt to settle their dispute
informally, with or without attorneys to represent
them.

Answer 25

NEGOTIATION

Question 26

ADR=

Answer 26

ALTERNATIVE DISPUTE RESOLUTION

Question 27

In ________, a neutral third party acts as a mediator
and works with both sides in the dispute to facilitate
a resolution.

Answer 27

MEDIATION

Question 28

A more formal method of ADR is _______, in
which an _______ (a neutral third party or a panel
of experts) hears a dispute and imposes a resolution
on the parties.

Answer 28

ARBITRATION;ARBITRATOR

Question 29

___________—that is, whether
the matter is one that must be resolved through
arbitration.

Answer 29

ARBITRABILITY

Question 30

In _________, the parties
select a neutral third party (generally an expert
in the subject matter of the dispute) to evaluate
their respective positions.

Answer 30

EARLY NEUTRAL CASE EVALUATION

Question 31

In a _______, each party’s attorney briefl y
argues the party’s case before the other and a
panel of representatives from each side who have
the authority to settle the dispute.

Answer 31

MINI-TRIAL

Question 32

Numerous federal courts now hold ________, in which the parties present their
arguments and evidence and the jury renders a
verdict.

Answer 32

SUMMARY JURY TRIALS

Question 33

A major provider of ADR services
is the ___________________
(AAA), which was founded in 1926 and now handles
more than 200,000 claims a year in its numerous
offi ces around the country.

Answer 33

AMERICAN ARITRATION ASSOCIATION