The Court System and Alternative Dispute Resolution

Question 1

How many court systems are there in the US?

Answer 1

There are fifty-two court systems—one for each of the fifty states, one for the District
of Columbia, and the federal system

Question 2

standing to sue

Answer 2

A sufficient stake in a controversy
to justify bringing a lawsuit. To have
standing to sue, the plaintiff must
demonstrate an injury or a threat
of injury

Question 3

“Ad litem”

Answer 3

A court will allow a person to bring a lawsuit on behalf of a child
or an incapacitated adult as an ad litem guardian (ad litem means “for purposes of the
litigation only”).

Question 4

justiciable controversy

Answer 4

A controversy that is real and
substantial, as opposed to
hypothetical or academic.

Question 5

jurisdiction

Answer 5

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

Question 6

long arm statute

Answer 6

A state statute that permits a state to
obtain jurisdiction over nonresidents.
The nonresidents must have certain
“minimum contacts” with that state
for the statute to apply

Question 7

in rem jurisdiction

Answer 7

The power a court has to determine
the legal status of property (a
thing) even if the court does not
have jurisdiction over persons with
interests in the property.

Question 8

subject-matter jurisdiction

Answer 8

The authority of a court to hear
cases concerning certain matters
of law

Question 9

probate court

Answer 9

A state court with limited jurisdiction
that has the power to control
proceedings concerning the
settlement of a person’s estate.

Question 10

bankruptcy court

Answer 10

A federal court of limited jurisdiction
that hears only bankruptcy
proceedings.

Question 11

original jurisdiction

Answer 11

The power of a court to take a case,
try it, and decide it

Question 12

trial court

Answer 12

A court in which cases begin and
in which questions of fact are
examined. In the federal system, the district courts are trial courts.

Question 13

appelate jurisdiction

Answer 13

The power of a court to hear and
decide an appeal; the authority of
a court to review cases that have
already been tried in a lower court
and to make decisions about them
without holding a trial.

Question 14

appelate court

Answer 14

A court that reviews decisions made
by lower courts, such as trial courts;
a court of appeals.

Question 15

federal question

Answer 15

A question that pertains to the U.S.
Constitution, acts of Congress,
or treaties. It provides a basis for
jurisdiction by the federal courts as
authorized by Article III, Section 2, of
the Constitution.

Question 16

diversity of citizenship

Answer 16

Under the U.S. Constitution, a basis
for federal district court jurisdiction
over a lawsuit between (1) citizens of
different states, (2) a foreign country
and citizens of a state or states, or
(3) citizens of a state and citizens
of a foreign country. The amount
in controversy must be more than
$75,000 before a federal court can
exercise jurisdiction in such cases.

Question 17

concurrent jurisdiction

Answer 17

Jurisdiction that exists when two
different courts have the power to
hear a case. For example, some
cases can be heard in either a
federal or a state court.

Question 18

exclusive jurisdiction

Answer 18

Jurisdiction that exists when a case
can be heard only in a particular
court, such as a federal court.

Question 19

docket

Answer 19

The list of cases entered on a court’s
calendar and scheduled to be heard
by the court.

Question 20

venue

Answer 20

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

Question 21

What are the Levels in a State Court System?

Answer 21

1. State trial courts of general jurisdiction and limited jurisdiction.
2. State appellate courts.
3. The state’s highest court (often called the state supreme court).

Question 22

What are some examples of Limited Jurisdiction Courts?

Answer 22

Small claims courts, domestic relations courts, municipal courts, and probate courts

Question 23

What’s a small claims court?

Answer 23

hear only civil cases involving claims of less than a
certain amount, such as $5,000.

Question 24

What kind of cases to Domestic relations courts handle?

Answer 24

They handle only divorce actions, paternity suits,
and child-custody and support cases.

Question 25

What kind of cases do municipal courts handle?

Answer 25

mainly traffic violations

Question 26

What kind of cases to probate courts handle?

Answer 26

the administration of wills, estate-settlement
problems, and related matters

Question 27

reversible error

Answer 27

A legal error at the trial court level
that is significant enough to have
affected the outcome of the case.
It is grounds for reversal of the
judgment on appeal

Question 28

writ of certiorari

Answer 28

A writ from a higher court asking a
lower court to send it the record of
a case for review. The United States
Supreme Court uses certiorari to
review most of the cases it decides
to hear.

Question 29

ADR (alternative dispute resolution)

Answer 29

The resolution of disputes in
ways other than those involved
in the traditional judicial process.
Negotiation, mediation, and
arbitration are forms of ADR.

Question 30

negotiation

Answer 30

A process in which parties attempt
to settle their dispute voluntarily,
with or without attorneys to
represent them

Question 31

settlement agreement

Answer 31

An out-of-court resolution to a
legal dispute, which is agreed to by
the parties in writing. A settlement
agreement may be reached at any
time prior to or during a trial

Question 32

mediation

Answer 32

A method of settling disputes
outside of court by using the
services of a neutral third party, who
acts as a communicating agent
between the parties; mediation is
less formal than arbitration.

Question 33

arbitration

Answer 33

A method of settling disputes in
which a dispute is submitted to a
disinterested third party (other than
a court), who issues a decision that
may or may not be legally binding

Question 34

arbitration clause

Answer 34

A clause in a contract providing
that, in case of a dispute, the
parties will determine their rights
through arbitration rather than the
judicial system.

Question 35

submission agreement

Answer 35

A written agreement to submit a
legal dispute to an arbitrator or
arbitrating panel for resolution

Question 36

award (ADR)

Answer 36

In the context of ADR, the decision
rendered by an arbitrator. It is
enforceable in court.

Question 37

binding mediation

Answer 37

A form of ADR in which a mediator
attempts to facilitate agreement
between the parties but then issues
a legally binding decision if no
agreement is reached.

Question 38

early neutral case evaluation

Answer 38

A form of ADR in which a neutral
third party evaluates the strengths
and weaknesses of the disputing
parties’ positions; the evaluator’s
opinion forms the basis for
negotiating a settlement.

Question 39

mini-trial

Answer 39

A private proceeding that assists
disputing parties in determining
whether to take their case to
court. Each party’s attorney briefly
argues the party’s case before the
other party and (usually) a neutral
third party, who acts as an adviser.
If the parties fail to reach an
agreement, the adviser issues an
opinion as to how a court would
likely decide the issue.

Question 40

summary jury trial (SJT)

Answer 40

A settlement method in which a
trial is held but the jury’s verdict
is not binding. The verdict acts as
a guide to both sides in reaching
an agreement during mandatory
negotiations that follow the trial. If a
settlement is not reached, both sides
have the right to a full trial later

Question 41

American Arbitration Association (AAA)

Answer 41

The major organization offering
arbitration services in the
United States.

Question 42

Online dispute resolution (ODR)

Answer 42

The resolution of disputes with the
assistance of an organization that
offers dispute resolution services via
the Internet