Chapter 2: The Resolution of Private Disputes

Question 1

What are general jurisdiction courts?

Answer 1

Trials courts that hear most types of cases

• Levels generally classified according to dollar amount of damages or location
• Examples: County courts, district courts

Question 2

What are limited jurisdiction courts?

Answer 2

They hear specialized types of cases; appeals from decisions often require new trial in general jurisdiction court

• Examples: Traffic court, tax court, family court

Question 3

What is subject-matter jurisdiction?

Answer 3

Refers to a court’s authority to hear a particular type of dispute

Question 4

What are courts of criminal jurisdiction?

Answer 4

Hear trials of crimes and misdemeanors

• Offenses against the public at large

Question 5

What are courts of civil jurisdiction?

Answer 5

Hear and decide issues concerning private rights (contracts, torts) and duties, and non-criminal public matters (zoning, probate)

Question 6

What is In personam jurisdiction?

Answer 6

Requires that defendant be resident of, located within, or acted within physical boundaries of the court’s authority

Question 7

What is In rem jurisdiction?

Answer 7

Applies when property that is the subject of the dispute is located within physical boundaries of the court’s authority

Question 8

What is diversity jurisdiction?

Answer 8

Exists when the dispute is between citizens of different states and amount in controversy exceeds $75,000

Question 9

What is federal question jurisdiction?

Answer 9

Exists when the dispute arises under the Constitution, laws, or treaties of the United States

Question 10

What is discovery?

Answer 10

Obtaining evidence from other party through interrogatories, requests from admissions, requests for documents, and depositions

Question 11

What is a pre-trial conference?

Answer 11

Where judge will hear and rule on many evidentiary issues, discovery disputes, and other concerns

Question 12

What is artbitration?

Answer 12

Dispute settled by one or more arbitrarors selected by the parties to a dispute; relatively formal; Uniform or Federal Arbitration acts typically used

Question 13

What is mediation?

Answer 13

Parties choose neutral party to aid resolution of dispute

Question 14

What is a reference to third party?

Answer 14

Dispute resolution by rent-a-judge, minitrial, summary jury trial, or association tribunal