Courts and Alternative Dispute Resolution
50 questions available
Questions
Which United States Supreme Court case explicitly established the power of judicial review?
View answer and explanationWhat are the two requirements for a federal court to exercise original jurisdiction over a case based on diversity of citizenship?
View answer and explanationUnder the 'sliding-scale' standard for determining jurisdiction in cyberspace, which type of business contact is LEAST likely to result in a court exercising jurisdiction?
View answer and explanationWhat is the primary difference between a court of original jurisdiction and a court of appellate jurisdiction?
View answer and explanationWhat is the simplest form of Alternative Dispute Resolution (ADR) where parties attempt to settle their dispute informally, with or without attorneys?
View answer and explanationThe Federal Arbitration Act (FAA) of 1925 enforces arbitration clauses in contracts involving what type of commerce?
View answer and explanationIn the United States Supreme Court, what is the minimum number of justices that must approve of a petition for a writ of certiorari for it to be issued?
View answer and explanationThe requirement that a party must have a sufficient 'stake' in a matter to justify seeking relief through the court system is known as what?
View answer and explanationIn the case of Buckeye Check Cashing, Inc. v. Cardegna, the U.S. Supreme Court held that a challenge to the validity of an entire contract (as opposed to just the arbitration clause) must be considered by whom?
View answer and explanationHow many court systems are there in the United States, including the federal system and systems for each state and the District of Columbia?
View answer and explanationWhat type of jurisdiction gives a court power over an individual or company?
View answer and explanationA state court can exercise jurisdiction over an out-of-state defendant based on activities that took place within the state under the authority of what type of statute?
View answer and explanationProbate courts and bankruptcy courts are examples of courts with what kind of jurisdiction?
View answer and explanationWhen both federal and state courts have the power to hear a case, what type of jurisdiction exists?
View answer and explanationWhat does a court's venue determine?
View answer and explanationIn a mediation process, what is the primary role of the neutral third party?
View answer and explanationWhich form of ADR involves a neutral third party hearing a dispute and imposing a resolution on the parties, which is often legally binding?
View answer and explanationThe issue of whether a particular matter must be resolved through arbitration is known as what?
View answer and explanationAbout what percentage of states have intermediate appellate courts?
View answer and explanationThe process of resolving a dispute through the court system is known by what term?
View answer and explanationAccording to the text, the U.S. federal court system is basically a three-tiered model consisting of which three components?
View answer and explanationIn what circumstances do federal courts have exclusive jurisdiction?
View answer and explanationWhat is a primary advantage of Alternative Dispute Resolution (ADR) over traditional litigation?
View answer and explanationIn the context of state courts, what are small claims courts?
View answer and explanationClauses in international contracts that designate the country where any dispute will be litigated are known as what?
View answer and explanationWhat is the primary function of an appellate court?
View answer and explanationIn the case of Mastondrea v. Occidental Hotels Management S.A., on what basis did the New Jersey court sustain the exercise of personal jurisdiction over the Mexican hotel?
View answer and explanationIn the context of the 'sliding-scale' standard for jurisdiction, an Internet communication is typically considered active if it is...
View answer and explanationIn the context of standing to sue, a controversy that is real and substantial, as opposed to hypothetical or academic, is known as a what?
View answer and explanationHow many U.S. courts of appeals, also known as U.S. circuit courts of appeals, are there in the federal court system?
View answer and explanationWhat is the primary difference between a question of fact and a question of law?
View answer and explanationUnder what circumstance will an appellate court typically tamper with a trial court's finding of fact?
View answer and explanationWhat does a denial of a writ of certiorari by the U.S. Supreme Court signify?
View answer and explanationIn the 'Insight into Ethics' feature, what two developments are cited as major contributors to the 'vanishing trial' phenomenon in civil courts?
View answer and explanationThe Court of Appeals for the Thirteenth Circuit, known as the Federal Circuit, has what kind of jurisdiction?
View answer and explanationWhen a corporation is a party in a lawsuit, for purposes of diversity jurisdiction, of which state is it considered a citizen?
View answer and explanationWhat type of ADR involves parties presenting their arguments to a jury whose verdict is not binding but serves as a guide for negotiations?
View answer and explanationThe United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards assists in the enforcement of what?
View answer and explanationWhen a court has jurisdiction over property located within its boundaries, it is known as what type of jurisdiction?
View answer and explanationWhat is the major provider of ADR services in the United States, founded in 1926?
View answer and explanationIn a trial court of limited jurisdiction such as a small claims court in some states, what is a key feature of the proceedings?
View answer and explanationIn the case of Morrison v. Circuit City Stores, Inc., the U.S. Court of Appeals for the Sixth Circuit considered whether what type of provision in an arbitration agreement was enforceable?
View answer and explanationIn the 'Insight into Ethics' feature, what is identified as an ethical concern with private arbitrators in the context of repeat business?
View answer and explanationIn New York, what is the name for the state's highest court?
View answer and explanationIn what two countries do territorial courts serve as both federal and state courts?
View answer and explanationWhen a federal court hears a case based on diversity of citizenship, which law does it typically apply?
View answer and explanationAccording to the chapter, approximately what percentage of civil lawsuits are settled before trial using some form of ADR?
View answer and explanationWhat does a federal question arise from?
View answer and explanationWhich of the following is an example of a court of general jurisdiction?
View answer and explanationWhat is an arbitrator's decision called?
View answer and explanation