Courts and Alternative Dispute Resolution

Question 1

Basic judicial requirements

Answer 1

Jurisdiction, venue, and standing to sue.

Question 2

The authority of a court to hear and decide a specific case.

Answer 2

Jurisdiction

Question 3

A statute that permits a state to exercise jurisdiction over nonresident defendants.

Answer 3

Long arm statute.

Question 4

The process by which a court decides in the constitutionality of legislative enactments of the executive branch.

Answer 4

Judicial Review

Question 5

True or False?

Corporate Contacts

The minimum-contacts requirement is usually met if the corporation advertises or sells products within the state, or places it’s goods into the “stream of commerce” with the intent that the foods be sold in the state.

Answer 5

True

Question 6

A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate.

Answer 6

Probate Court

Question 7

A federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law

Answer 7

Bankruptcy Court

Question 8

A question that pertains to the U.S. Constitution, an act of Congress, or a treat and provides a basis for a federal jurisdiction in a case.

Answer 8

Federal Question

Question 9

The most common type of diversity jurisdiction has 2 requirements.

Answer 9

1. The plaintiff and defendant must be residents of different states.
2. The dollar amount in controversy must exceed $75,000.

Question 10

A basis for federal court jurisdiction over a lawsuit between citizens of different states and countries.

Answer 10

Diversity of Citizenship

Question 11

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

When both federal and state courts have the power to hear a case.

Answer 11

Concurrent Jurisdiction

Question 12

Jurisdiction that exists when a case can be heard only in a particular court or type of court.

When cases can be tried only in a federal court or only in state courts.

Answer 12

Exclusive Juridiction

Question 13

For determining when the exercise of jurisdiction over an out-of-state defendant is proper.

Answer 13

The “Sliding-Scale” Standard

Question 14

The geographic district in which a legal action is tried and from which the jury is selected.

Answer 14

Venue

Question 15

The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.

Answer 15

Standing to Sue

Question 16

A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case.

Answer 16

Justifiable Controversy

Question 17

Article 1 Section 8

“Commerce Clause”

Answer 17

Feds have power to regulate among the states

Question 18

A document informing a defendant that a legal action has been commenced against he or him and that the defendant must appear in court on a certain date to answer the plaintiffs complaint.

Answer 18

Summons

Question 19

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant. When filed with a court, the complaint initiates a lawsuit.

Answer 19

Complaint

Question 20

Procedurally, a defendants response to plaintiffs complaint.

Answer 20

Answer

Question 21

Statements by the plaintiffs D the defendants that detail the facts, charged, and defenses of a case.

Answer 21

Pleadings

Question 22

A method by which the opposing parties obtains information from each other to prepare for trial.

Answer 22

Discovery

Question 23

The process of resolving a dispute through the court system.

Answer 23

Litigation

Question 24

A judgement entered by a four against a defendant who has failed to appear in court to answer or defend against the plaintiffs claim.

Answer 24

Default Judgement

Question 25

A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.

Answer 25

Counterclaim

Question 26

A pleasing in which a defendant admits the facts as alleged by the plaintiff but assets that the plaintiffs claim to state a cause of action has no basis in law.

Answer 26

Motion to Dismiss

Question 27

The testimony of a party to lawsuit or a witness taken under oath before a trial.

Answer 27

Deposition

Question 28

A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath.

Answer 28

Interrogatories

Question 29

A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.

Answer 29

Motion for Judgement on the Pleadings

Question 30

A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.

Answer 30

Motion for Summary Judgment