Chapter 2

Question 1

Judicial review

Answer 1

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

Question 2

Marbury v. Madison

Answer 2

It is the judicial branch’s job to interpret the laws

Question 3

Jurisdiction

Answer 3

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

Question 4

Inpersonam jurisdiction

Answer 4

Court jurisdiction over the person involved in a legal action, personal jurisdiction

Question 5

In rem jurisdiction

Answer 5

Court jurisdiction over a defendants property (jurisdiction over a thing)

Question 6

Long arm statue

Answer 6

A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have “minimum contacts” in that state

Question 7

Probate courts

Answer 7

A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased persons estate

Question 8

Bankruptcy courts

Answer 8

A federal court of limited jurisdiction that handles only bankruptcy proceedings.

Question 9

Federal question

Answer 9

A question that pertains to the US constitution, acts of congress or treaties. A federal question provides basis for federal jurisdiction

Question 10

Diversity of citizenship

Answer 10

A basis for federal court jurisdiction between citizens of different states, countries. Or the amount of controversy is more than 75,000 dollars

Question 11

Exclusive jurisdiction

Answer 11

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

Question 12

Concurrent jurisdiction

Answer 12

Jurisdiction that exists when two different courts have the power to hear the case

Question 13

Venue

Answer 13

The geographical district in which an action is tried and from which the jury is selected

Question 14

Standing to sue

Answer 14

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 he or she has been injured or threatened with injury.

Question 15

3 elements of standing

Answer 15

Harm
Causation
Remedy

Question 16

Small claims court

Answer 16

Special courts in which parties may litigate small claims (usually 2500 or less). Attorneys are not required and in many states attorneys are not allowed

Question 17

Question of fact

Answer 17

In a lawsuit an issue involving a factual dispute that can only be decided by a judge or jury

Question 18

Question of law

Answer 18

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

Question 19

Writ of certiorari

Answer 19

A writ from a higher court asking the lower court for the record of a case

Question 20

Rule of four

Answer 20

A rule of the US Supreme Court under which the court will not issue a writ of certiorari unless at least 4 justices approve the decision to issue the writ

Question 21

Litigation

Answer 21

The process of resolving a disputes through the court system

Question 22

Alternative dispute resolution

Answer 22

The resolution of disputes in ways other than the traditional judicial process.

Negotiation
Mediation
Arbitration

Question 23

Negotiation

Answer 23

A process in which the parties attempt to settle their dispute without going to court, with or without attorneys to represent them. The transfer of an instrument in such a way that the transferee becomes a holder

Question 24

Mediation

Answer 24

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

Question 25

Arbitration

Answer 25

The settling of a dispute by submitting it to a disinterested third party who renders a decision. The decision may or may not be legally binding

Question 26

Award

Answer 26

The arbitrators decision (arbitration) Money damages (litigation)

Question 27

Arbitration clause

Answer 27

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 28

Early neutral case evaluation

Answer 28

A form of ADR in which a neutral third party evaluates the strengths and weaknesses of the disputing parties positions; the evaluators opinion forms the basis for negotiating a settlement

Question 29

Mini trial

Answer 29

A private proceeding in which each party to a dispute argues its position before the other side and vice versa.

Question 30

Summary jury trials

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 follow

Question 31

Other types of ADR

Answer 31

Early neutral case evaluation Mini trial Summary jury trials

Question 32

American arbitration association

Answer 32

A major provider of ADR services

Question 33

Online dispute resolution

Answer 33

The settlement of disputes in online forums

Question 34

Arraignment

Answer 34

The first time a defendent is brought before court and enters a guilty or not guilty plea