Question 1

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 2

State trial courts of general jurisdiction:

Accepted Answer

State trial courts of general jurisdiction may be called county, district, common pleas, or supreme courts. They are generally the highest trial court in a state and have jurisdiction over a wide range of civil and criminal cases, without any dollar limitation on their jurisdiction in civil cases. They maintain formal records of their proceedings.

Question 3

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

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Question 4

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

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Question 5

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?

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Question 6

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 7

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

Accepted Answer

While voluntary submission by filing pleadings with the court can give the court jurisdiction over the party, it is not the only way to establish jurisdiction. The other options listed (in personam, in rem, attachment) are all valid ways for a court to meet the requirement of jurisdiction over a defendant.

Question 8

Concurrent federal jurisdiction could exist for cases involving:

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Question 9

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?

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Question 10

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:

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Question 11

Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals. He 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 correct way for the U.S. Supreme Court to review a case heard by the Court of Appeals is through a writ of certiorari. This is a discretionary order issued by the Supreme Court granting it the authority to review the decision of a lower court.

Question 12

The U.S. Court of Appeals for the Federal Circuit reviews decisions of which of the following?

Accepted Answer

The U.S. Court of Appeals for the Federal Circuit has jurisdiction to review decisions of the United States Court of International Trade, among other specialized areas, but it does not directly review decisions from Tax Courts or Bankruptcy Courts.

Question 13

B & B, 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, B & B 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. Therefore, B & B, Inc. is a resident of both Delaware and Minnesota.

Question 14

What are the ways that cases may reach the U.S. Supreme Court?

Accepted Answer

Cases may reach the U.S. Supreme Court through both appeal by right and writ of certiorari. Appeal by right is a process in which certain cases can be appealed directly to the Supreme Court without needing to go through lower courts first. On the other hand, a writ of certiorari is a discretionary order issued by the Supreme Court to review a lower court decision.

Question 15

In which of the following areas do special state trial courts have jurisdiction?

Accepted Answer

Special state trial courts have jurisdiction over both the administration of wills and estates (part of probate court) and family courts with jurisdiction over divorce and child custody cases. They may also have jurisdiction over traffic offenses and other specialized areas such as juvenile court.

Question 16

Compare and contrast a summary judgment and a directed verdict.

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Question 17

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 18

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

Accepted Answer

Subject matter jurisdiction refers to a court's authority to hear cases of a particular type or subject matter, such as criminal and civil cases, family law cases, bankruptcy cases, etc. Exclusive federal jurisdiction refers to cases that can only be heard in federal courts, while concurrent federal jurisdiction refers to cases that can be heard in both federal and state courts. None of these would be the correct answer as they do not pertain to the definition provided in the question.

Question 19

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

Accepted Answer

The decision of an arbitrator is called an award. A verdict is a decision reached by a jury in a trial, a judgment is a decision entered by a court, and a binding decision is a term used to describe any decision that is legally enforceable.

Question 20

Explain how state courts are affected by federal court decisions under the doctrine of stare decisis.

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Quiz 3: Civil Dispute Resolution