Chapter 3

Question 1

What is a lexicon?

Answer 1

A dictionary of legal terms

Question 2

What is jurisprudence?

Answer 2

The philosophy or science of law, deals with the principles of law and legal relationships

Question 3

What does the “bar” refer to?

Answer 3

All members of the legal profession

Question 4

What does the “bench” refer to?

Answer 4

a court of law

Question 5

What is a “jurist”?

Answer 5

a person who has a thorough knowledge of the law and who has written extensively on legal subjects

Question 6

What is a “juror”?

Answer 6

a person who sits in on a jury

Question 7

Can someone appear in court and act on their own behalf?

Answer 7

Yes, it is called “propria persona,” or “pro per,” or “pro se”

Question 8

What does a “long arm statute” do?

Answer 8

It permits a state to obtain jurisdiction over nonresident individuals and corporations

Under this statute, one must demonstrate that they are a nonresident of that state and had sufficient contacts within the state to justify the jurisdiction

Question 9

What are courts of the “first instance” or “trial courts”?

Answer 9

Courts having original jurisdiction

Question 10

What are courts having appellate jurisdiction?

Answer 10

Reviewing courts (appeals)

Question 11

What cases do federal courts have exclusive jurisdiction to?

Answer 11

Cases involving federal crimes, bankruptcy, patents, trademarks, and copyrights

Question 12

What cases do state courts have exclusive jurisdiction to?

Answer 12

Cases involving subject matters, such as divorce, adoptions, and probate matters

Question 13

What does “venue” mean?

Answer 13

the locality where a crime is committed, or a legal action occurs

Question 14

What does a “standing to sue” mean?

Answer 14

It means the individual must have a sufficient stake in a controversy before they can bring a lawsuit.

Question 15

How to choose a court:

Answer 15

1. Review the jurisdiction of each court
2. Evaluate the strengths and weaknesses of the case
3. Evaluate the remedy sought
4. Evaluate the jury pool available for each court (if seeking a jury trial)
5. Evaluate the likelihood of winning in each court
6. Evaluate the length of time it will take each court to decide the case

Question 16

Define US Supreme Court

Answer 16

The highest court in the federal judicial system. Composed of a chief justice and eight associate justices. This court has final jurisdiction in matters tried in the lower federal courts and can also hear certain cases on appeal from the highest courts in the state systems if a constitutional question of federal law is involved.

Question 17

What is the US Court of Appeals?

Answer 17

An appellate court. Reviews cases from lower federal courts. There are currently 13 judicial circuits, each of which has a US Court of Appeals.

Question 18

Define the US District Court

Answer 18

A federal trial court or a federal court of original jurisdiction. The court in which a case is first tried in the federal court system.

Question 19

Define special courts

Answer 19

There are several special US courts that have limited jurisdiction, including the Court of Claims, the Court of Customs and Patent Appeals, and the Tax Court.

Question 20

Define a Supreme court

Answer 20

The highest court in most state court systems. Certain cases decided in a state suprreme court may be appealed to the US Supreme Court if a constitutional question of federal law is involved.

Question 21

What is ADR?

Answer 21

Alternate Dispute Resolution

Question 22

What are the ADR methods for settling disputes outside the court system?

Answer 22

negotiation, mediation, and arbitration

Question 23

What is negotiation?

Answer 23

Where disputing parties, with or without the assistance of attorneys, meet informally to resolve the dispute out of court

Question 24

What is mediation?

Answer 24

A method of settling disputes outside court using the services of a neutral third party, who acts as a communicating agent between the parties.
This method is less formal than arbitration, and the mediator does not need to be a lawyer.

Question 25

What is arbitration?

Answer 25

It is the more formal method. There is a third party hearing the dispute who normally makes the decision, wherein the arbitrator becomes a private judge. Arbitration clauses and statutes are frequently used in commercial matters, and are now being used more often in medical applications.

Question 26

What does an arbitration clause in a contract provide?

Answer 26

In the event of a dispute, the parties will determine their rights by arbitration rather than through the judicial system

Question 27

What does the Federal Arbitration Act (FAA) of 1925 enforce?

Answer 27

It enforces arbitration clauses in contracts relating to interstate commerce between two or more states

Question 28

What is the first step in the arbitration process?

Answer 28

The submission agreement where the parties agree to submit the dispute for arbitration. In most states, this must be in writing.

Question 29

What is the second step in the arbitration process?

Answer 29

The hearing process. Parties begin as they would at a trial with opening arguments to the arbitrator and stating the desired remedies. Witnesses may be called, evidence provided, and closing arguments stated. The arbitrator(s) reach(es) the final decision which is called an "award"

Question 30

What is judicial review?

Question 31

Do the words subject matter have any relevance to the types of cases a court can hear?