Courts and Alternative Dispute Resolution


Instructions

1. What is judicial review? How is Marbury v. Madison related to judicial review?

2. Define jurisdiction.

3. What are long-arm statutes?

4. Be familiar with the following:
• Jurisdiction over person or property
• Subject matter jurisdiction

5. When can a court exercise personal jurisdiction over a non-resident who has breached a contract?

6. Are corporations subject to personal jurisdiction and if so under what circumstances?

7. Distinguish original from appellate jurisdiction.

8. In what two situations do federal courts have jurisdiction?

9. What are the two requirements for diversity of citizenship jurisdiction?

10. What is the difference between exclusive jurisdiction and concurrent jurisdiction?

11. Explain the “sliding scale” standard that is used to determine when personal jurisdiction can be exercised in out-of-state web interactivities?

12. What is venue?

13. What is meant by “standing to sue”? What does it require?

14. Review and be familiar with the Exhibit on the State and Federal Court Systems.

15. What is a writ of certiorari? How is it different than an appeal? Explain the Rule of Four and how it is tied to the writ of certiorari.

16. Be familiar with the following terms:
• Pleadings
• Plaintiff’s Complaint
• Service of Process
• Default Judgments
• Defendant’s Answer
• Counterclaim and Reply

17. As to motions, be able to distinguish a motion to dismiss from a motion for a judgment on the pleadings, and from a motion for a summary judgment.

18. What is discovery? When and how is it used?

19. Identify the following: depositions, interrogatories, and e-evidence.

20. What does the Seventh Amendment guarantee as trials?

21. What is a voir dire?

22. What is a directed verdict?

23. Identify two post trial motions.

24. In an appellate review, identify the options that the appellate court has.

25. If a party loses on the intermediate appeal, what option do they have?

26. What is meant by alternative dispute resolution?

27. As to types of ADR, distinguish negotiation from mediation and from arbitration.

28. Explain the role of the American Arbitration Association.

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