BLAW chapter 2 questions

The Class Action Fairness Act requires that suits be heard in federal court if there is diversity of citizenship and an amount in controversy that exceeds

5 Million

The term ADR stands for

Alternative Dispute Resolution

The ______________________ was passed by Congress to address the concerns that class action disputes were undermining the national judicial system

Class Action Fairness Act

Attorneys for each party submit ______________ to the court supporting their claims

a brief

In some jurisdictions, plaintiffs are required to _________ to the defendant's affirmative defense or counterclaim

a default judgment

An individual who assists in the process of mediation is known as

a mediator

When the plaintiff's testimony is completed a defendant can ask for

a motion for directed verdict

Reasons that a party may appeal a case include

a party believes the evidence does not support the court's decision a party claiming an error of law

Arbitration is different than mediation because

a third party decides an outcome

When a defendant is filing an answer, the defendant can _______ the allegations

admit deny

The American legal system is a(n) _________ system

adversarial

Courts do not hear cases that are

advisory in nature hypothetical moot

When the defendant is answering the complaint against them, the defendant can claim

affirmative defenses a counterclaim

When do attorney's make their opening statements

after the jury is selected

When a party is interested in the outcome of a case but is not actually a party to the case, the party can file a(n) ___________ supporting one of the parties positions

amicus curiae

Trial courts generally

are courts of record are general jurisdiction courts

States have _________ district courts within their geographic location.

at least one

Jurisdiction generally is

authority of a court to hear a dispute

The function of a judge in an adversary system is

be unbiased and passive keep order in the courtroom

When a trial is being "continued" that means that the trial is

being postponed

The burden of proof on the state in a criminal trial is

beyond a reasonable doubt

Which of the following would most likely contain an arbitration clause?

casualty insurance union-management contract

When there are several plaintiffs to a lawsuit, a ___________ lawsuit may be filed to represent all the plaintiffs

class action

A body of procedural law that provides for rules for a federal court to follow when deciding which state's law to use when deciding a diversity case is known as

conflict of laws

Failing to follow a court's order is known as

contempt of court

Trial courts can be divided to hear

criminal cases civil cases

Courts of appeals hear appeals from

district courts federal administrative agencies

When all judges of a court of appeals hear a case this is called

en banc

The Federal Arbitration Act makes both the agreement of parties to arbitrate and the resulting arbitration award

enforceable in court

The goal of a mediator is to

facilitate the mediation

A motion to dismiss is generally filed by the defendant because they believe that the plaintiff

failed to state a cause of action

Even though the Supreme Court generally supports arbitration, courts will look at contracts that contain arbitration for

fairness to the parties ensuring public interests are protected

The purpose of discovery in a lawsuit is to

gather evidence to use at trial

At the pretrial conference, the judge will try to

help the parties stipulate to the facts persuade the parties to settle the dispute

Private judging is the dispute resolution process of

hiring a private judge to render a binding opinion

If a plaintiff brings a suit in state court, a defendant has the right to remove the case to a federal court if

if the amount of the dispute is over $75,000 the plaintiff and defendant are from different states

When might the US Supreme Court choose to hear a case?

if the highest state court ruled on a case that dealt with the validity of a federal statute If several courts of appeals have come to conflicting decisions on similar cases

When might a court set aside an arbitrators award

if the judge believes the arbitrator acted arbitrary or capriciously if the dispute was not arbitrated under the agreement

Pleadings serve what function in a dispute

inform parties of the other party's claims they serve as the basis of a trial

Arbitration can be used

instead of mediation after mediation fails

Written answers to questions supplied by an opposing party that are submitted under oath are called

interrogatories

District courts serve what type of functions

law finding functions fact finding functions

Decisions of an appellate court are based on

majority rule

Once the defendant presents his evidence, the plaintiff can

make a motion for a directed verdict cross exam the witness

When an appeals court is reviewing a case, it is reviewing

material errors of the trial

A case is ______________ when the events surrounding the filing of the case are no longer at issue

moot

A losing party in a civil trial can file a _______________ which says that no reasonable jury could have come to the conclusion they did based on the evidence.

motion for judgment not withstanding the verdict

Instead of filing an answers, the defendant can file a

motion to dismiss

The mini trial uses a _____________ to hear the dispute and made a non binding opinion on how a court will rule

neutral third party advisor

When a court receives an arbitration award in the case, it will generally

not question the wisdom of the arbitrator

To serve as a basis for appeal the attorney must have

objected to the judge's action at the time the error was alleged

Less common forms of alternatives to trials to help settle disputes include

online dispute resolution ombudsperson med/arb

Lawsuits can have

only one plaintiff but multiple defendants multiple plaintiffs and multiple defendants only one plaintiff and one defendant

The appellate process generally allows

oral arguments briefs filed by the attorneys

The goal of an attorney in an adversary system is to

persuade a judge advocate for their client persuade the jury

At the pretrial conference, the judge will try to

persuade the parties to settle the dispute help the parties stipulate to the facts

In a civil case, the burden of proof is on the

plantiff

Trial courts can be divided into criminal and/or civil cases along specialized courts such as

probate courts juvenile courts divorce courts

One of the biggest drawbacks of alternatives to settling disputes is

procedural safeguards

Being a "litigious society" means

quick to file a lawsuit

In some jurisdictions, plaintiffs are required to _________ to the defendant's affirmative defense or counterclaim

reply

Private judges are generally

retired judges

When a case is appealed to an appellate court, the court may

reverse the lower court reverse and remand the lower court ruling affirm the lower court

Reasons that business people have turned to negotiation to settle their disputes include

save time save money

One of the main reasons that the judge would like the parties to stipulate to the facts is because it

saves a lot of court time

In high profile cases the jury may be ____________ which does not allow the jury to leave the supervision of the court

sequestered

A summary jury trial has a _______________________ that hears a shortened presentation of the case by the lawyers and renders and advisory verdict

six member mock jury

A(n)___________ courts offer a quick and inexpensive and easily accessible forums for settling disputes

small claims

There have been numerous complaints associated with the harm associated with class action lawsuits including

state and local courts have been accused of keeping cases out of federal court attorney are awarded large fees and plaintiffs receive little of the award

State Appeals Courts hear cases from

state trial courts state administrative agencies

One of the goals of the judge in a pretrial conference is to get the parties to ___________ the facts

stipulate to

At the pretrial conference, judges often try to get the attorneys to

stipulate to the facts

The main difference between a mini trial and a summary jury trial is that

summary jury trials are guided by a court

Appeals from a district court are taken to

the US courts of appeal

One of the biggest differences between mediation and arbitration is that

the arbitrator decides the outcome

The goal of opening statements at a trial is for

the attorney to explain their clients case

When all of the pleadings have been completed

the case is set on the court's calendar

Jurisdiction of a court to hear a case may be limited based on

the geographic location the subject matter of the dispute

On appeal, facts are generally accepted as true unless it is claimed that

the judge did not grant a motion that should have been granted There was no competent evidence at the trail to support a finding of fact

Trial courts are different than inferior courts in that

the judge must be a lawyer they are not limited by the amount of damages they award

A concurring opinion filed by a justice means that

the justice agrees with the ruling but not the rationale of the majority

When a justice or group of justices issue concurring or dissenting opinions this means that

the opinion cannot be cited as precedent the opinion has no legal effect

The Class Action Fairness Act mandates that a judge must hold a hearing and make a written finding that

the settlement is fair and reasonable the lawyers adequately represented the class

Venue rules are decided by

the state government

Jurisdiction of a court to hear a case may be limited based on

the subject matter of the dispute the geographic location

The basic purpose of procedural law in the adversarial system is

to ensure fairness to the participants

When a case is appealed, the ___________________ of the entire proceeding is forwarded to the appeals court

transcript

The purpose of the pretrial conference is not to

try the case to the judge

One of the key elements that a plaintiff claims in the complaint is

what remedy is requested

Venue rules tell the plaintiff

where to file a lawsuit

The appellate process is essentially based on

written documents