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