Question 1

Jurisdiction is defined as:

Accepted Answer

Jurisdiction is the authority of a court to hear and determine disputes.

Question 2

Trial courts, like inferior courts, are limited by the amount of civil damages that can be awarded or the criminal penalties that can be imposed.

Accepted Answer

False

Question 3

Which of the following statements is true about a minitrial?

Accepted Answer

The minitrial often involves a neutral third-party advisor. If a settlement is not reached, she or he will render a nonbinding opinion regarding how the dispute is likely to be resolved if it goes to trial, and how the court is likely to rule on factual and evidentiary issues.

Question 4

If a settlement is not reached in a minitrial, the neutral third-party advisor will render a binding opinion.

Accepted Answer

In a minitrial, the neutral third-party advisor provides a non-binding opinion to assist the parties in reaching a settlement. If a settlement is not reached, the parties may proceed to litigation or alternative dispute resolution methods.

Question 5

Sally files a lawsuit against Jim in a Tennessee court. Jim does not live in Tennessee and has never been to the state. The Tennessee court may not decide the case unless it can demonstrate that Jim somehow has a close connection with the state.

Accepted Answer

This statement is based on the concept of personal jurisdiction, which requires that a court have a sufficient connection or "minimum contacts" with a defendant before it can hear a case against them. Without this connection, the court would lack jurisdiction and cannot rule on the case.

Question 6

A summary jury trial is conducted under court guidance, while a minitrial is voluntarily conducted by the parties themselves.

Accepted Answer

A summary jury trial is a process in which a neutral third party, usually a retired judge or an experienced attorney, presides over a condensed version of a trial with limited evidence and arguments from both sides in front of a jury. The jury then renders a non-binding verdict, which the parties can use to facilitate settlement negotiations. The court provides guidance and oversight in this process. On the other hand, a minitrial is a form of alternative dispute resolution in which the parties voluntarily present their arguments and evidence to representatives or senior executives of each party outside of the courtroom setting. The parties can settle the case on their own terms. Therefore, the statement is true.

Question 7

A new trial is required for cases remanded by an appellate court.

Accepted Answer

When a case is remanded by an appellate court, it means that it is sent back to the lower court for further proceedings, which may include a new trial. The lower court must follow the orders of the appellate court, which may require a retrial or other actions to remedy errors or issues found in the initial trial. Therefore, a new trial may be required for cases remanded by an appellate court.

Question 8

Most disputes are settled by trial juries.

Accepted Answer

Most disputes are actually settled outside of trial through negotiations, mediation, or arbitration. Only a small percentage of disputes actually go to trial and are decided by juries.

Question 9

In mediation, the mediator does not give an award or opinion on the merits of the dispute.

Accepted Answer

The mediator's role is to facilitate communication and negotiation between parties to help them reach a mutually acceptable agreement. The mediator does not make a decision on who is right or wrong, or give any opinion on the merits of the dispute.

Question 10

Pursuant to the Uniform Arbitration Act:

Accepted Answer

Most states have passed the Uniform Arbitration Act, which makes both the agreement of parties to arbitrate and the arbitration award enforceable in court. A court will not review the wisdom of the decision of an arbitrator. It may, however, hold that the dispute was not arbitratable under the agreement of the parties, or that the arbitrator exceeded his or her authority, or acted arbitrarily, capriciously, or in a discriminatory manner.

Question 11

An individual appointed within an organization to settle disputes is called a(n) _____.

Accepted Answer

An ombudsperson is an individual appointed within an organization to settle disputes.

Question 12

The primary way a case can be appealed to the United States Supreme Court is through a writ of mandamus.

Accepted Answer

A writ of mandamus is not the primary way a case can be appealed to the United States Supreme Court. The primary way is through a petition for writ of certiorari.

Question 13

The adversary system in the United States is based on the idea that the truth will emerge in courtrooms through a "battle of words" between two lawyers.

Accepted Answer

The adversary system is indeed based on the idea that the truth will emerge through a "battle of words" between two opposing lawyers. Each lawyer tries to present their client's position in the most favorable light and to undermine the other side's position. The judge or jury then decides which arguments are more persuasive, and the truth hopefully emerges through this process.

Question 14

Trials are generally quicker, cheaper, and less complicated procedurally than alternative dispute resolution.

Accepted Answer

This statement is incorrect. Alternative dispute resolution (such as mediation or arbitration) is often quicker, cheaper, and less complicated than going to trial.

Question 15

In the private judging method of dispute resolution, _____.

Accepted Answer

In the private judging, or "rent-a-judge," method of dispute resolution, a hired judge (who is often a retired judge) renders a binding opinion after hearing the proofs and arguments of the parties.

Question 16

In a civil case, the plaintiff need not have the preponderance of the evidence on his or her side.

Accepted Answer

In a civil case, the plaintiff must have a preponderance of the evidence on their side, meaning that they must prove that it is more likely than not that their claim is true.

Question 17

Erik filed a case in a municipal court against Leela for a minor criminal violation. Dissatisfied with the decision of the court, Erik can now appeal the case in a court of record.

Accepted Answer

The answer of Erik filed a case in a municipal...

Question 18

The North American Free Trade Agreement has established a mechanism for resolving trade disputes through the use of binational panels.

Accepted Answer

The North American Free Trade Agreement (NAFTA) does have a mechanism for resolving trade disputes through the use of binational panels. This mechanism is known as the Chapter 19 dispute settlement mechanism.

Question 19

All opinions of the Supreme Court judges can be cited as precedents.

Accepted Answer

Not all opinions of the Supreme Court judges can be cited as precedents. Only the majority opinion of the Court in a case, or a concurring or dissenting opinion that has the support of a majority of the Court, can be cited as precedent.

Question 20

Only a few states have adopted the Uniform Arbitration Act.

Accepted Answer

The Uniform Arbitration Act has been adopted by a majority of states in the United States, making it a widely accepted framework for conducting arbitration.

Quiz 2: Dispute Settlement