Exam 3: Civil Dispute Resolution

The purpose of a trial is to: ​

The federal courts have exclusive jurisdiction over:

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

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:

Arbitration agreements give each party the following contractual right(s):

When compared to a court trial, arbitration has the advantage of privacy.

If the judge denies a defendant's motion for __________, then the defendant has the opportunity to present witnesses.However, if the judge grants the motion, then the defendant automatically wins the case and does not need to present any evidence.

An example of a special court in the federal judicial system is the:

An appeal from a small claims court is taken to the state court of appeals where a trial de novo is begun.

For the general trial courts in the federal system, Congress has established nearly 100 judicial districts, each of which is located entirely in a particular state.

Attorneys for Tigre Corp.and Swindal Co.are entering a structured settlement process whereby they conduct limited discovery and then present evidence to a panel of managers from each company as well as to a neutral retired judge.They are involved in an alternative dispute resolution technique known as a mini-trial.

A motion to dismiss a lawsuit for failure to state a claim is a(n):

When a class action is permitted, the group files the lawsuit with a representative plaintiff, called the "named plaintiff" or "lead plaintiff."

The definition of a default judgment is:

A non-corporate entity, such as a limited partnership, takes the citizenship of each of its members.

Janet's husband, 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 asks the judge to excuse John from serving on the jury and the judge agrees.This is:

Which of the following is NOT a way in which a case can reach the United States Supreme Court?

A counterclaim is a document filed by a defendant denying the allegations of the complaint.

When do the federal courts have exclusive 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?

The function of appellate courts is to examine the record of a case on appeal and to determine whether the trial court committed prejudicial error.