Deck 10: Trial Courts: How Civil Cases Begin

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Question
Limits on punitive damages are an example of:

A)stare decisis
B)common law evolution
C)policy litigation
D)tort reform
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Question
Tort reform has traditionally been a state legal matter.
Question
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.
Question
The median verdict in automobile tort cases is around:

A)$15,000
B)$25,000
C)$55,000
D)Over $100,000
Question
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
Question
Few people support Alternative Dispute Resolution.
Question
Describe and evaluate two proposed changes to the civil legal system (tort reform).
Question
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
Question
Why is a pyramid a useful shape to describe the disputing process in the United States?
Question
Medical malpractice lawsuits are an example of:

A)no-win torts
B)low stakes litigation
C)high stakes litigation
D)guaranteed lawyer fees
Question
Hiring a lawyer automatically means a dispute will result in a lawsuit.
Question
During the last decade tort filings in many states have been:

A)decreasing rapidly
B)increasing rapidly
C)staying relatively constant
D)fluctuating widely
Question
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
Question
The Congress is active in establishing tort reform at the national level.
Question
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
Question
Stella Liebeck's jury verdict against McDonalds's was substantially reduced by the courts.
Question
Describe two factors that influence a person's decision to sue.
Question
Is the United States suffering from a litigation explosion? Explain your answer.
Question
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."
Question
What contribution can political science make to the debate about reforming the civil legal system?
Question
Discuss the differences between mediation and arbitration as forms of alternative dispute resolution.
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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
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
4
The median verdict in automobile tort cases is around:

A)$15,000
B)$25,000
C)$55,000
D)Over $100,000
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k this deck
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
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
6
Few people support Alternative Dispute Resolution.
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
7
Describe and evaluate two proposed changes to the civil legal system (tort reform).
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
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
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
9
Why is a pyramid a useful shape to describe the disputing process in the United States?
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Unlock Deck
k this deck
10
Medical malpractice lawsuits are an example of:

A)no-win torts
B)low stakes litigation
C)high stakes litigation
D)guaranteed lawyer fees
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Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
11
Hiring a lawyer automatically means a dispute will result in a lawsuit.
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
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
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
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
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
14
The Congress is active in establishing tort reform at the national level.
Unlock Deck
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Unlock Deck
k this deck
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
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
16
Stella Liebeck's jury verdict against McDonalds's was substantially reduced by the courts.
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k this deck
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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Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
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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