Chapter 3 Worksheets

The United States Supreme Court has held that mandatory arbitration clauses in employment contracts are generally unenforceable.

False.

The United States Supreme Court hears all cases sent to it for review.

False.

Venue refers to the primary subject matter of a case at trial.

False.

The Federal Arbitration Act established a set arbitration procedure.

False.

The percentage of cases that are settled through some form of ADR is approximately ______________.

90%

Arbitrator:

A neutral third party or panel of experts that hears a dispute in arbitration.

Arbitration Clause:

A part of 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.

______________________ involves a court deciding whether a matter is one that must be resolved through arbitration.

Arbitrability

The Johnsons are in an auto accident with a driver who lives near them in the same town. No one is injured and the Johnsons' car suffered only $5,000 in damages. Why can't the Johnsons sue the other driver in federal court?

Because the Johnsons live in the same state and the damages are too small.

Exclusive state jurisdiction:

Cases involving all matters not subject to federal jurisdiction

Exclusive federal jurisdiction

Cases involving federal crimes, bankruptcy, patents, copyrights, trademarks, and suits against the United States.

Negotiation:

In regard to dispute settlement, a process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them.

Award:

In the context of arbitration, the arbitrator's decision.

Concurrent jurisdiction:

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

The power of judicial review has remained unchallenged since which Supreme Court decision?

Marbury v. Madison

Mediation:

Settling disputes in which a third party assists disputing parties in reconciling their differences.

Litigation:

The process of resolving a dispute through the court system.

Alternative Dispute Resolution (ADR):

The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.

Online Dispute Resolution:

The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet.

Arbitration:

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding.

_____________________________ represents the ordering of most court systems (state and federal).

Trial courts, intermediate appellate courts, supreme courts

When a state exercises jurisdiction over property within that state, this type of jurisdiction is called in rem.

True.

When one party files a lawsuit to compel arbitration, the courts must resolve the issue of arbitrability.

True.

Which of the following are part of the federal court system?

U.S. district courts & United States Supreme Court

Most states have adopted the ______________________.

Uniform Arbitration Act

A federal court can exercise jurisdiction if a case involves:

a treaty, the U.S. Constitution, or a federal law.

Which of the following does the United States Supreme Court have to issue before it hears a case?

a writ of certiorari

Exists with courts of appeal and review.

appellate

A major not-for-profit provider of ADR services is ____________________.

the AAA

Appellate or reviewing courts:

deal with questions of law

Highest state courts:

final on all questions of state law

A long arm statute allows one state's court to exercise jurisdiction over a defendant from another state who has ______________ with the state in which the court is located

minimum contacts

James, a homeowner, files a lawsuit against Helen, his construction contractor. Prior to trial, they meet with their attorneys to try to resolve their dispute before going to trial. This procedure is known as ____________.

negotiation

Trial courts:

often deal with questions of fact

Exists with courts that have the authority to hear a case for the first time, called trial courts.

original

Standing to sue requires that a controversy must be _______________________.

real and substantial

Online dispute resolution is typically best for resolving

small-sized business liability claims.

Limits the court's jurisdictional authority to particular types of cases and can be either limited or general jurisdiction.

subject matter

Arbitration differs from other forms of ADR because:

the arbitrator hears the dispute and imposes a solution on the parties.

The doctrine of judicial review allows...

the judicial branch to decide whether laws or actions of the other two branches are constitutional.