Chapter 2

Question 1

Chapter 2

in personam jurisdiction

Answer 1

Court jurisdiction over the person involved in a legal action; personal jurisdiction.

Question 2

Chapter 2

in rem jurisdiction

Answer 2

Court jurisdiction over a defendant’s property.

Question 3

Chapter 2

writ of certiorari

Answer 3

(pronounced sur-shee-uh-rah-ree) A writ from a higher court asking the lower court for the record of a case.

Question 4

Chapter 2

alternative dispute resolution (ADR)

Answer 4

The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.

Question 5

Chapter 2

American Arbitration Association (AAA)

Answer 5

The major organization offering arbitration services in the United States.

Question 6

Chapter 2

arbitration

Answer 6

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding.

Question 7

Chapter 2

arbitration clause

Answer 7

A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.

Question 8

Chapter 2

award

Answer 8

In the context of litigation, the amount of money awarded to a plaintiff in a civil lawsuit as damages. In the context of arbitration, the arbitrator’s decision.

Question 9

Chapter 2

bankruptcy court

Answer 9

A federal court of limited jurisdiction that handles only bankruptcy proceedings. Bankruptcy proceedings are governed by federal bankruptcy law.

Question 10

Chapter 2

concurrent jurisdiction

Answer 10

Jurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in either a federal or a state court.

Question 11

Chapter 2

diversity of citizenship

Answer 11

Under Article III, Section 2, of the Constitution, a basis for federal court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or of different states, or (3) citizens of a state and citizens or subjects of a foreign country. The amount in controversy must be more than $75,000 before a federal court can take jurisdiction in such cases.

Question 12

Chapter 2

early neutral case evaluation

Answer 12

A form of alternative dispute resolution in which a neutral third party evaluates the strengths and weakness of the disputing parties’ positions; the evaluator’s opinion forms the basis for negotiating a settlement.

Question 13

Chapter 2

exclusive jurisdiction

Answer 13

Jurisdiction that exists when a case can be heard only in a particular court or type of court, such as a federal court or a state court.

Question 14

Chapter 2

federal question

Answer 14

A question that pertains to the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.

Question 15

Chapter 2

judicial review

Answer 15

The process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch.

Question 16

Chapter 2

jurisdiction

Answer 16

The authority of a court to hear and decide a specific action.

Question 17

Chapter 2

justiciable controversy

Answer 17

A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case.

Question 18

Chapter 2

litigation

Answer 18

The process of resolving a dispute through the court system.

Question 19

Chapter 2

long arm statute

Answer 19

A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have minimum contacts with that state for the statute to apply.

Question 20

Chapter 2

mediation

Answer 20

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.

Question 21

Chapter 2

mini-trial

Answer 21

A private proceeding in which each party to a dispute argues its position before the other side and vice versa. A neutral third party may be present and act as an adviser if the parties fail to reach an agreement.

Question 22

Chapter 2

negotiation

Answer 22

(1) In regard to dispute settlement, a process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them. (2) In regard to instruments, the transfer of an instrument in such a way that the transferee (the person to whom the instrument is transferred) becomes a holder.

Question 23

Chapter 2

online dispute resolution (ODR)

Answer 23

The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet.

Question 24

Chapter 2

probate court

Answer 24

A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate.

Question 25

Chapter 2

question of fact

Answer 25

In a lawsuit, an issue involving a factual dispute that can only be decided by a judge (or, in a jury trial, a jury).

Question 26

Chapter 2

question of law

Answer 26

In a lawsuit, an issue involving the application or interpretation of a law; therefore, the judge, and not the jury, decides the issue.

Question 27

Chapter 2

rule of four

Answer 27

A rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ.

Question 28

Chapter 2

small claims court

Answer 28

Special courts in which parties may litigate small claims (usually, claims involving $2,500 or less). Attorneys are not required in small claims courts, and in many states attorneys are not allowed to represent the parties.

Question 29

Chapter 2

standing to sue

Answer 29

The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she either has been injured or threatened with injury

Question 30

Chapter 2

summary jury trial (SJT)

Answer 30

A method of settling disputes in which a trial is held, but the jury’s verdict is not binding. The verdict acts only as a guide to both sides in reaching an agreement during the mandatory negotiations that immediately follow the summary jury trial.

Question 31

Chapter 2

venue

Answer 31

(pronounced ven-yoo) The geographical district in which an action is tried and from which the jury is selected.