Exam 3: Civil Dispute Resolution

Describe the structure of the federal court system. How does the federal court system compare/contrast with the state court system of the state where you are living? How are state and federal courts similar? How are they different? Explain your answer.

The federal courts and the state courts can have concurrent jurisdiction over the same case.

The U.S. Supreme Court has original jurisdiction in certain types of cases.

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.

What is jurisdiction? How does subject matter jurisdiction differ from jurisdiction over the parties? How does in personam jurisdiction differ from jurisdiction in rem?

Often arbitration is preferred over litigation because the quality of the arbitrator's decision is often higher than that available through the court system.

Able and Baker are both residents of Iowa, but they have a dispute regarding some land located in Kansas. Able files, in Kansas, a lawsuit regarding the land and Baker objects, claiming the Kansas courts have no jurisdiction. In this case:

A motion to dismiss for failure to state a claim upon which the court may grant relief is also known as a(n):

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

Bankruptcy cases are heard by:

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:

Once a plaintiff has filed a complaint, the clerk of the court issues a notice that a suit has been brought.

State trial courts of general jurisdiction:

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

Midway Corporation is incorporated in Delaware, but it has its principal place of business in Minnesota. It does much of its business in California. For purposes of diversity of citizenship, Midway is a resident of:

What is alternative dispute resolution? Discuss the various devices that can be used.

Able, a resident of New York, has a dispute with Baker, a resident of Illinois, involving a contract signed and performed in New York. His damages amount to $75,000, and he wants to sue. The case can be brought:

If a defendant fails to respond to a summons, a default judgment will be entered against the defendant for the relief the court determines in a hearing.

When do the federal courts have jurisdiction to hear a case? Over what types of cases do the federal courts have concurrent jurisdiction? Over what types of cases do the federal courts have diversity jurisdiction?

A directed verdict is a judge's final binding determination on the merits after a jury's verdict.