Exam 3: Civil Dispute Resolution

The U.S. Court of Appeals for the Federal Circuit reviews decisions of the Merit Systems Protection Board, the Patent and Trademark Office, and the U.S. Court of Veterans Appeals.

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 $50,000, and he wants to sue. The case can be brought:

All methods of alternative dispute resolution, such as arbitration, mediation, conciliation, and negotiation, involve a third party to help resolve the dispute.

When a trial is conducted with a jury, the judge determines issues of __________ and the jury determines questions of __________.

The decision of an arbitrator is called a(n):

The U.S. Supreme Court is rigidly bound by its own decisions under the doctrine of stare decisis.

The U.S. Court of Appeals for the Federal Circuit does NOT review decisions of which of the following?

A decision of the Supreme Court of Washington would always be binding on:

John is called for jury duty and is selected for possible service on a jury. However, when he is questioned by the defendant's attorney before final jury selection, he admits that he thinks the defendant is guilty based on the news reports that he saw on the local television news. The defendant's attorney asks the judge to excuse John from serving on the jury and the judge agrees. This is:

In AT&T Mobility LLC v. Concepcion , the U.S. Supreme Court held t hat the FAA preempted state law that would have prohibited the enforcement of a consumer arbitration clause requiring consumer complaints to be arbitrated individually instead of on a class-action basis.

To resolve a lawsuit, a court must have __________ different types of jurisdiction.

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.

Concurrent federal jurisdiction could exist for cases involving:

What is alternative dispute resolution? What are the various techniques of alternative dispute resolution, and what are their advantages and disadvantages?

If the court certifies an action as meeting the criteria for a class action lawsuit and the plaintiffs prevail or reach a settlement, members of the class must each bring their own lawsuits to obtain relief.

Briefly discuss enforcement of a judgment.

Discuss the provisions regarding arbitration of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.

Arbitration may be preferred over litigation because arbitration is less costly than litigation.

When the defendant's property located within a state is seized to obtain payment of a judgment from a court from another state that is unrelated to the property being seized, the jurisdiction over the property is known as __________ jurisdiction.

If the defendant prevails in a certified class action lawsuit, members of the class may be bound by the decision and thus precluded from bringing their own lawsuits with respect to the claims in the class action lawsuit.