Exam 3: Civil Dispute Resolution

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Stare decisis has no application in a dual court system.

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Which of the following is NOT considered to be an alternative method of dispute resolution?

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Alice, a resident of Ohio, has obtained a valid judgment against Bill, a resident of Kentucky.In this case:

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

(True/False)
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The U.S.Supreme Court in applying the doctrine of stare decisis is:

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A pretrial conference between the judge and the attorneys representing the parties in a lawsuit is held to simplify the issues in dispute and to encourage settlement of the dispute without trial.

(True/False)
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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.

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

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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.

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With a findings.

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On a federal question, a decision of the Sixth Circuit Court of Appeals:

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A deposition is a pretrial discovery device, which consists of sworn testimony of a witness, taken out of court.

(True/False)
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Explain the process of jury selection and the differences in the types of challenges.In addition, discuss the implications of race-based or gender-based exclusion from a jury by a prosecutor or defense attorney.

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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:

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The jury in a jury trial decides issues of fact.

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

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

(True/False)
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A decision of the Supreme Court of Washington would always be binding on:

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A court needs to have both subject matter jurisdiction and jurisdiction over the defendant involved before it can hear a particular case.

(True/False)
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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:

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