chapter 3 sb

True or false: Most industrialized countries have a single court system, with courts that have the power to hear both local and national cases.

True

Through __________ examination, the plaintiff's attorney asks the witness questions to elicit facts that support the plaintiff's case-in-chief.

direct

The initial attempt to resolve a business dispute is usually __________.

informal

If the plaintiff seeks a(n) _______ remedy such as an injunction, the _______ serves as the fact finder in the case.

judge equitable

In __________, the disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute.

mediation

Med-arb is a dispute resolution process in which the parties agree to begin in __________ and, if unsuccessful in resolving the dispute, proceed to __________.

mediation; arbitration

Appellate courts handle only questions ______, not questions _______.

of law, of fact

One of the criticisms of arbitration is that _____.

people may be losing important civil rights by agreeing to give up one's right to litigate

Generally, the _________ initiates a lawsuit by filing a(n) _______ in the appropriate court.

plaintiff's attorney, complaint

A(n) __________ error is a mistake so significant that it likely affected the outcome of the case.

prejudicial

In a private trial, a __________ is selected and paid by the disputing parties to offer a legally binding judgment regarding their dispute.

referee

The primary advantage of mediation is that it helps the disputing parties preserve their _______.

relationships

In terms of standing to sue, a case is __________ if a judge's decision is capable of affecting the parties immediately.

ripe

At the informal negotiation stage, if a party cannot resolve the dispute she will often: ________.

seek an attorney's advice

A person who has the legal right to bring an action in court has __________.

standing

Which of the following is part of the court structure of the United States legal system?

state court system

All of the following are threshold requirements that a case must meet before it is heard by a court except ______.

strict liability

A __________ trial is an abbreviated trial that leads to a non-binding jury verdict.

summary jury

Which of the following is not another term for trial courts?

Small claims courts

Which of the following refers to a person's legal right to bring an action in court?

Standing to sue

Which of the following refers to a court's power to hear certain kinds of cases?

Subject-matter jurisdiction

If a plaintiff seeks at least $_______ in monetary damages, the _______ Amendment to the U.S. Constitution entitles the parties to a jury trial.

20, Seventh

Which of the following is an accurate statement regarding a summary jury trial?

A summary jury trial leads to a non-binding jury verdict.

The term __________ refers to the resolution of legal disputes through methods other than litigation.

ADR

Which of the following is not a reason why a business might prefer alternative dispute resolution to litigation?

ADR includes the use of a jury.

Which of the following is an accurate statement regarding alternative dispute resolution (ADR) when compared to litigation?

ADRs avoid the uncertainty associated with litigation.

__________ is the resolution of a dispute by a neutral third party outside the judicial setting.

Arbitration

Which of the following is not a recognized disadvantage of arbitration compared to litigation?

Arbitration is less efficient and more expensive than litigation

The federal court system derives its power from __________ of the United States Constitution.

Article III, Section 2

Which of the following is not an example of alternative dispute resolution?

Certiorari

Which of the following is not one of the three main levels of the federal court system?

Common pleas court

Which of the following is not one of the six stages of a trial?

Depositions

Which of the following refers to the plaintiff's attorney asking the witness questions to elicit facts that support the plaintiff's case-in-chief?

Direct examination

Which of the following is not a correct statement regarding mediation?

Mediation is a popular form of non-binding arbitration.

__________ jurisdiction is a court's power to render a decision affecting the rights of the specific persons before the court.

In personam

__________ jurisdiction literally means "jurisdiction over the person."

In personam

__________ negotiation typically involves a discussion among the parties to try to resolve their dispute.

Informal

________ is a court's power to bind the parties before it.

Jurisdiction

__________ is a court's power to hear cases and render decisions that bind the parties before them.

Jurisdiction

Which of the following terms most accurately refers to a process in which disputing parties agree to begin in mediation and, if unsuccessful in resolving the dispute, proceed to arbitration?

Med-arb

Which of the following is not a recognized advantage or disadvantage of mediation?

Mediation utilizes a jury, thereby preserving the constitutional right to a jury.

__________ is a bargaining process in which disputing parties interact informally to attempt to resolve their dispute.

Negotiation

Which of the following is a true statement regarding negotiation?

Negotiation is an informal bargaining process.

Which of the following is an accurate statement regarding venue?

Once a case is in the proper court system, venue determines which trial court in the system will hear the case.

__________ jurisdiction is the power to hear and decide cases when they first enter the legal system.

Original

Which of the following is the first formal stage of a lawsuit?

Pleading

Which of the following is not a threshold requirement for a case to be heard by a court?

Primogeniture

__________ often referred to as "rent-a-judge."

Private trials are

Which of the following is not a criterion necessary for a case or controversy to exist?

The dispute between the plaintiff and the defendant must not give rise to a concomitant criminal action

Which courts have the power to hear and decide cases when they first enter the legal system?

Trial courts

Where does arbitration occur?

Where does arbitration occur?

In __________, judges review transcripts of trial court proceedings and occasionally consider additional oral and written arguments from each party.

appellate courts

The United States legal system has two parallel court structures: a __________ system and a(n) __________ system.

federal; state

Jurisdiction is a court's power to _______.

hear cases

In terms of standing to sue, a case is ripe if a judge's decision is capable of affecting the parties __________.

immediately

All of the following are required for a case or controversy except ______.

the relationship between the plaintiff and the defendant must be conciliatory

True or false: An example of prejudicial error occurs when a judge improperly allows hearsayevidence that enabled the plaintiff to prove an element of her case.

true

Once a case is in the proper court system, __________ determines which trial court in the system will hear the case.

venue

Arbitration is often a(n) ______ process based on a(n) _________. (Choose TWO correct answers)

voluntary contractual agreement