Chapter 4: Courts and Alternative Dispute Resolution Flashcards
What is the essential role of the courts in the American governmental system?
Interpet the laws and apply them to specific situations
the process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch
judicial review
What are the three types of jurisdiction?
- In Rem Jurisdiction
- Subject Matter Jurisdiction
- In Personam
jurisdiction over PROPERTY
in rem jurisdiction
jurisdiction over the person in front of the court (personal jurisdiction)
in personam jurisdiction
a state statute that permits a state to obtain personal jurisdiction over nonresident defendants. a defendant must have “minimum contacts” with that state for the statute to apply
long arm statute
for business, what does “minimum contacts” require?
requires some business within that state (L.L. Bean Emails example)
a limitation on the types of cases a court can hear; there are certain courts that have this type of jurisdiction
subject matter jurisdiction
courts where the case started (trial courts) have…
original jurisdiction
in the federal court system, what type of courts are trial courts?
district courts
courts that have the power to hear an appeal from another court; act as reviewing courts… also, what type of jurisdiction do they have?
appellate courts (they have appellate jurisdiction)
cases where rights or obligations of a party are created or defined by some federal law
“Federal Question” Cases
cases where parties aren’t from the same state; the amount of controversy is greater than $75,000
“Diversity of Citizenship” Cases
What type of courts give you the fairest trial that you can get in this country, but if you lose the case in these courts, you will get hammered (harsh rulings)
federal court
jurisdiction that exists when two different courts have the power to hear a case
concurrent jurisdiction
jurisdiction that exists when a case can be heard only in a particular court or type of court, such as a federal or state court
exclusive jurisdiction
When concurrent jurisdiction exists, how is it decided what court will hear the case?
a party may choose to bring a suit in either a federal or a state court
the geographical district in which an action is tried and from which the jury is selected
venue
the requirement that an individual must have a sufficient stake in a controversy before he or she brings a lawsuit. The plaintiff must demonstrate that he or she has been either injured or threatened with injury.
standing to sue
Standing can be broken down into three elements:
- Harm
- Causation
- Remedy
in a lawsuit, an issue involving a factual dispute.
a question of fact
Who can a question of fact be decided by?
A judge or a jury
Every state has at least one court of ________.
appeals (appellate court, or reviewing court)
in a lawsuit, an issue involving the application or interpretation of a law
question of law
Who can a question of law be decided by?
only a judge (not a jury)
In the federal court system, how many court of appeals are there?
13 (U.S. Circuit Court of Appeals)
a writ from a higher court asking the lower court for the record of a case; to bring a case to the Supreme Court, a party requests the court to issue one of these
a writ of certiorari
a rule of the Supreme Court under which Court will not issue a writ of certiorari unless at least four justices (out of nine) agree to do so
rule of four
the resolution of disputes in ways other than those involved in the traditional judicial process.
alternative dispute resolution
the process of resolving a dispute through the court system
litigation
What is the simplest form of ADR?
negotitiation
What are the most common types of ADRs?
negotiation, mediation, and arbitration
a method of settling disputes outside of court by using the services of a neutral third party. although the third party may propose a solution, he or she does not make a decision resolving the matter.
mediation
the settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. the decision may or may not be legally binding
arbitration
the arbitrators decision is called an:
award
T/F: all appellate courts must hear your appeal
false
T/F: Judicial review is the process through which Congress approves or rejects judicial appointments.
False
T/F: Under a state long-arm statute, a court can exercise jurisdiction only over certain nonresident defendants.
True
T/F: A corporation’s compliance with the laws of any jurisdiction in which it does business is complicated by the fact that those laws can be very different.
True
T/F: A question of law is generally the focus of an appellate court.
True
What are the advantages of mediation?
- few rules
- customize process
- parties control results (win-win)
What are the disadvantages of mediation?
- mediator fees
- no sanctions or deadlines
A challenge to the constitutionality of an executive order that limits certain state actions is
a. subject to the exclusive authority of Congress
b. within the power of judicial review.
c. solely for the executive to decide.
d. beyond the jurisdiction of the courts.
b. within the power of judicial review.
Hobbes, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jules, a resident of Kentucky. Jules files a suit against Hobbes in Indiana. Regarding this suit, Indiana has what kind of jurisdiction?
in rem jurisdiction
Lazlo, a citizen of Minnesota, wants to file a suit against Nadji, a citizen of Ohio. The diversity of citizenship may be a basis for:
a federal court to exercise jurisidction
