Question 1

The decision of an arbitrator is called a(n):

Accepted Answer

The decision of an arbitrator is called an award. The term "verdict" is typically used in a court setting, "judgment" can refer to either a court's decision or a person's personal evaluation, and "binding decision" is a general term that can apply to various types of legal decision-making processes.

Question 2

Caldemin, Inc. is incorporated in Delaware, but it has its principal place of business in Minnesota. It does much of its business in California. For purposes of diversity of citizenship, Caldemin is a resident of:

Accepted Answer

For diversity jurisdiction purposes, a corporation is considered a resident of both the state where it is incorporated and the state where it has its principal place of business. Caldemin, Inc. is incorporated in Delaware and has its principal place of business in Minnesota, making it a resident of both states.

Question 3

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

Accepted Answer

Voluntary submission to the court's power by the party's filing pleadings with the court does not meet the requirement of jurisdiction over a defendant in the context of the question. This is because filing pleadings can be seen as a procedural action that does not inherently grant jurisdiction. In contrast, in personam jurisdiction (personal jurisdiction over the defendant), in rem jurisdiction (jurisdiction over a property), and attachment jurisdiction (jurisdiction over a defendant's property to secure a claim) are specific legal mechanisms through which a court can establish its authority over a defendant or their property.

Question 4

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.

Accepted Answer

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Question 5

If you are a member of a certified class in a class action lawsuit, which of the following is a possible outcome?

Accepted Answer

When the plaintiff prevails in a class action lawsuit, each member of the certified class is eligible to recover according to the criteria established by the case. This means that the court's decision applies collectively to all class members, who then share in the recovery as determined by the judgment or settlement.

Question 6

Describe the structure of the federal court system. How does the federal court system compare/contrast with the state court system of the state where you are living?

Accepted Answer

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Question 7

If Alice, a resident of Ohio, has obtained a valid judgment against Bill, a resident of Kentucky:

Accepted Answer

Alice can enforce her judgment in Ohio by attaching Bill's property located in Ohio, such as his automobile, even though Bill is a resident of Kentucky. The fact that Bill is from another state does not prevent Alice from enforcing her judgment in Ohio if she can locate Bill's assets there.

Question 8

Able, a resident of New York, has a dispute with Baker, a resident of Illinois, involving a contract signed and performed in New York. His damages amount to $50,000, and he wants to sue. The case can be brought:

Accepted Answer

The case can be brought in New York state courts because the contract was signed and performed in New York, and the amount in controversy does not meet the federal jurisdictional threshold of $75,000 for diversity jurisdiction.

Question 9

The type of lawsuit in which one or more plaintiffs may file suit on behalf of similarly situated individuals is called:

Accepted Answer

A class action lawsuit allows one or more plaintiffs to file and prosecute a lawsuit on behalf of a larger group, or "class", of similarly situated individuals.

Question 10

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

Accepted Answer

The U.S. Court of Federal Claims is a special court in the federal judicial system that specializes in cases involving claims against the federal government, such as claims for monetary damages or breach of contract. It has nationwide jurisdiction and is made up of judges appointed by the President with Senate confirmation. The other options listed (Federal District Court, U.S. Supreme Court, U.S. Court of Appeals) are all regular courts in the federal judicial system, and not special courts.

Question 11

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?

Accepted Answer

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Question 12

What is jurisdiction? How does subject matter jurisdiction differ from jurisdiction over the person? How does in personam jurisdiction differ from jurisdiction in rem ?

Accepted Answer

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Question 13

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.

Accepted Answer

A directed verdict is a ruling entered by a trial judge after determining that there are no legally sufficient evidentiary bases for a reasonable jury to reach a different conclusion. If granted, it results in an automatic win for the defendant, negating the need for further evidence presentation.

Question 14

Concurrent federal jurisdiction could exist for cases involving:

Accepted Answer

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Question 15

Meg, an attorney, has a case that was recently heard by the United States Court of Appeals. She 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:

Accepted Answer

The U.S. Supreme Court can choose to review a case by issuing a writ of certiorari, which is an order by which a higher court reviews the decision of a lower court. This is the most common method for cases to be taken up by the Supreme Court from the appellate courts.

Question 16

What is alternative dispute resolution? What are the various techniques of alternative dispute resolution, and what are their advantages and disadvantages?

Accepted Answer

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Question 17

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.

Accepted Answer

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Question 18

State trial courts of general jurisdiction:

Accepted Answer

State trial courts of general jurisdiction are known by various names, including county, district, common pleas, or supreme courts, depending on the state.

Question 19

__________ jurisdiction refers to the authority of a particular court to judge a controversy of a particular kind.

Accepted Answer

Subject matter jurisdiction refers to the authority of a court to hear cases of a particular type or cases relating to a specific subject matter.

Question 20

The U.S. Court of Appeals for the Federal Circuit does NOT review decisions of which of the following?

Accepted Answer

The U.S. Court of Appeals for the Federal Circuit reviews decisions from specialized courts and administrative bodies, including the United States Court of International Trade, the Patent and Trademark Office, and the U.S. Court of Veterans Appeals, but it does not review decisions from Bankruptcy Courts. Bankruptcy appeals are typically handled by district courts or bankruptcy appellate panels.

Quiz 3: Civil Dispute Resolution

The decision of an arbitrator is called a(n) :