Exam 3: Civil Dispute Resolution

A court will grant summary judgment after a trial if the judge makes a final,binding determination on the merits of the case.

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

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?

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

A court may meet the requirement of jurisdiction over a defendant in all but which of the following ways?

Briefly discuss enforcement of a judgment.

Diversity of citizenship exists when:

Explain the process of jury selection and the differences in challenges for cause and peremptory challenges.In addition,discuss the implications of race-based or gender-based exclusions from a jury.

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

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.

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.

Harris was awarded $4 million in damages in a malpractice case against Dr.Kelsoe.The doctor's attorney filed a motion for a new trial.The motion may be granted if:

Compare and contrast a summary judgment and a directed verdict.

In the United States,there is a right to a jury trial in any federal civil case at common law,regardless of the amount of money involved.

A typical state long-arm statute applies only to nonresident defendants who commit criminal acts in the state.

Andrew,an attorney,has a case that was recently heard by the United States Court of Appeals.He would like to have the United States Supreme Court hear the case.One way by which the U.S.Supreme Court may review the case is by:

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.

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

The federal courts have jurisdiction over all matters that have not been exclusively given to the state courts.