Exam 3: Civil Dispute Resolution

The decisions of the U.S.Court of Appeals are binding on the other federal courts except for the U.S.Supreme Court.

Federal courts have exclusive jurisdiction over bankruptcy,patent,trademark,and copyright cases.

Pleadings are a series of responsive,formal,written statements in which each side to a lawsuit states its claims and defenses.

Venue has to do with which state has jurisdiction over the subject matter of a lawsuit.

In rem jurisdiction refers to jurisdiction over the person.

Subject matter jurisdiction refers to the authority of a particular court to adjudicate a controversy of a particular kind.

When the unsuccessful party challenges the verdict and the judge in a jury trial decides that the evidence is so clear that reasonable people could not differ as to the outcome of the case,the judge grants a:

With a ____,the jury makes specific written findings on each factual issue;the judge then applies the law to these findings.

In a typical case before a U.S.Court of Appeals,all the judges of the circuit sit en banc to decide the case.

The "discovery" stage of a trial includes which one of the following?

The United States Supreme Court is staffed by judges who receive lifetime appointments from the President,subject to confirmation by the Senate.

The nonbinding,informal process in which a third party is selected by the disputing parties to attempt to help them reach a mutually acceptable agreement is known as:

Mediation,like arbitration,is often a compulsory process in which the mediator can render a decision,which is binding upon the parties.

State trial courts of general jurisdiction:

All states have at least one federal judicial district and some,more populous states have more than one.

Appellate judges can reverse a decision of the trial court:

If a plaintiff in a civil lawsuit wins the case but the defendant does not pay the judgment,the plaintiff may request the clerk to issue a writ of execution.If the writ is returned unsatisfied,certain property of the defendant may be seized by the sheriff and sold to pay the judgment.

Describe how a civil case is commenced and how it proceeds through the court system.Be sure to use appropriate terminology in describing the various stages of a lawsuit.

Federal courts have limited subject matter jurisdiction.

The U.S.Supreme Court reviews most decisions of lower courts by: