Deck 10: Trial Courts: How Civil Cases Begin
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Deck 10: Trial Courts: How Civil Cases Begin
1
Limits on punitive damages are an example of:
A)stare decisis
B)common law evolution
C)policy litigation
D)tort reform
A)stare decisis
B)common law evolution
C)policy litigation
D)tort reform
B
2
Tort reform has traditionally been a state legal matter.
True
3
Court?annexed compulsory arbitration is designed to:
A)increase the geographic jurisdiction of a court.
B)increase the caseload for annexation courts.
C)provide a speedier, less expensive alternative to courts.
D)provide criminal suspects with an additional appeal.
A)increase the geographic jurisdiction of a court.
B)increase the caseload for annexation courts.
C)provide a speedier, less expensive alternative to courts.
D)provide criminal suspects with an additional appeal.
A
4
The median verdict in automobile tort cases is around:
A)$15,000
B)$25,000
C)$55,000
D)Over $100,000
A)$15,000
B)$25,000
C)$55,000
D)Over $100,000
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5
Mass tort litigation involves:
A)charges by lawyers about the media
B)the dual use of criminal sanctions
C)very large sums of money
D)the application of standard legal norms
A)charges by lawyers about the media
B)the dual use of criminal sanctions
C)very large sums of money
D)the application of standard legal norms
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6
Few people support Alternative Dispute Resolution.
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7
Describe and evaluate two proposed changes to the civil legal system (tort reform).
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8
Galanter visualizes civil justice as:
A)an adversarial contest
B)a disputing pyramid
C)a funnel like process
D)a test of wills
E)a forum for negotiations
A)an adversarial contest
B)a disputing pyramid
C)a funnel like process
D)a test of wills
E)a forum for negotiations
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9
Why is a pyramid a useful shape to describe the disputing process in the United States?
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10
Medical malpractice lawsuits are an example of:
A)no-win torts
B)low stakes litigation
C)high stakes litigation
D)guaranteed lawyer fees
A)no-win torts
B)low stakes litigation
C)high stakes litigation
D)guaranteed lawyer fees
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11
Hiring a lawyer automatically means a dispute will result in a lawsuit.
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12
During the last decade tort filings in many states have been:
A)decreasing rapidly
B)increasing rapidly
C)staying relatively constant
D)fluctuating widely
A)decreasing rapidly
B)increasing rapidly
C)staying relatively constant
D)fluctuating widely
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13
Mass tort cases are complicated because of:
A)the problem of causation
B)the absence of lawyers
C)the small number of parties
D)an inability to mobilize litigants
A)the problem of causation
B)the absence of lawyers
C)the small number of parties
D)an inability to mobilize litigants
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14
The Congress is active in establishing tort reform at the national level.
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15
Critics charge that community courts
A)are too formal
B)are too informal
C)result in lengthy delays
D)make work for too many lawyers
A)are too formal
B)are too informal
C)result in lengthy delays
D)make work for too many lawyers
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16
Stella Liebeck's jury verdict against McDonalds's was substantially reduced by the courts.
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17
Describe two factors that influence a person's decision to sue.
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18
Is the United States suffering from a litigation explosion? Explain your answer.
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19
Compare and contrast the view that Americans are "too quick to sue" with the view that everyone deserves "equal access to the civil legal system."
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20
What contribution can political science make to the debate about reforming the civil legal system?
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21
Discuss the differences between mediation and arbitration as forms of alternative dispute resolution.
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