Chapter 4: Courts and Alternative Dispute Resolution

Question 1

What is the essential role of the courts in the American governmental system?

Answer 1

Interpet the laws and apply them to specific situations

Question 2

the process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch

Answer 2

judicial review

Question 3

What are the three types of jurisdiction?

Answer 3

1. In Rem Jurisdiction
2. Subject Matter Jurisdiction
3. In Personam

Question 4

jurisdiction over PROPERTY

Answer 4

in rem jurisdiction

Question 5

jurisdiction over the person in front of the court (personal jurisdiction)

Answer 5

in personam jurisdiction

Question 6

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

Answer 6

long arm statute

Question 7

for business, what does “minimum contacts” require?

Answer 7

requires some business within that state (L.L. Bean Emails example)

Question 8

a limitation on the types of cases a court can hear; there are certain courts that have this type of jurisdiction

Answer 8

subject matter jurisdiction

Question 9

courts where the case started (trial courts) have…

Answer 9

original jurisdiction

Question 10

in the federal court system, what type of courts are trial courts?

Answer 10

district courts

Question 11

courts that have the power to hear an appeal from another court; act as reviewing courts… also, what type of jurisdiction do they have?

Answer 11

appellate courts (they have appellate jurisdiction)

Question 12

cases where rights or obligations of a party are created or defined by some federal law

Answer 12

“Federal Question” Cases

Question 13

cases where parties aren’t from the same state; the amount of controversy is greater than $75,000

Answer 13

“Diversity of Citizenship” Cases

Question 14

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)

Answer 14

federal court

Question 15

jurisdiction that exists when two different courts have the power to hear a case

Answer 15

concurrent jurisdiction

Question 16

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

Answer 16

exclusive jurisdiction

Question 17

When concurrent jurisdiction exists, how is it decided what court will hear the case?

Answer 17

a party may choose to bring a suit in either a federal or a state court

Question 18

the geographical district in which an action is tried and from which the jury is selected

Answer 18

venue

Question 19

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.

Answer 19

standing to sue

Question 20

Standing can be broken down into three elements:

Answer 20

1. Harm
2. Causation
3. Remedy

Question 21

in a lawsuit, an issue involving a factual dispute.

Answer 21

a question of fact

Question 22

Who can a question of fact be decided by?

Answer 22

A judge or a jury

Question 23

Every state has at least one court of ________.

Answer 23

appeals (appellate court, or reviewing court)

Question 24

in a lawsuit, an issue involving the application or interpretation of a law

Answer 24

question of law

Question 25

Who can a question of law be decided by?

Answer 25

only a judge (not a jury)

Question 26

In the federal court system, how many court of appeals are there?

Answer 26

13 (U.S. Circuit Court of Appeals)

Question 27

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

Answer 27

a writ of certiorari

Question 28

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

Answer 28

rule of four

Question 29

the resolution of disputes in ways other than those involved in the traditional judicial process.

Answer 29

alternative dispute resolution

Question 30

the process of resolving a dispute through the court system

Answer 30

litigation

Question 31

What is the simplest form of ADR?

Answer 31

negotitiation

Question 32

What are the most common types of ADRs?

Answer 32

negotiation, mediation, and arbitration

Question 33

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.

Answer 33

mediation

Question 34

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

Answer 34

arbitration

Question 35

the arbitrators decision is called an:

Answer 35

award

Question 36

T/F: all appellate courts must hear your appeal

Answer 36

false

Question 37

T/F: Judicial review is the process through which Congress approves or rejects judicial appointments.

Answer 37

False

Question 38

T/F: Under a state long-arm statute, a court can exercise jurisdiction only over certain nonresident defendants.

Answer 38

True

Question 39

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.

Answer 39

True

Question 40

T/F: A question of law is generally the focus of an appellate court.

Answer 40

True

Question 41

What are the advantages of mediation?

Answer 41

1. few rules
2. customize process
3. parties control results (win-win)

Question 42

What are the disadvantages of mediation?

Answer 42

1. mediator fees
2. no sanctions or deadlines

Question 43

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.

Answer 43

b. within the power of judicial review.

Question 44

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?

Answer 44

in rem jurisdiction

Question 45

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:

Answer 45

a federal court to exercise jurisidction