Questions All Solved Correct.
Jurisdiction - Answer The right and power to interpret and apply the law.
Venue - Answer Is concerned with the most appropriate location for the trial. Proper venue is
where the injury occurred or where both parties reside.
Standing - Answer Sufficient "stake" in the controversy; party must have suffered a legal
injury. In order to bring a lawsuit, a party must have "standing" to sue.
Personal - Answer Power of a court to compel the presence of the parties (including
corporations) in a dispute to appear before the court and litigate.
In Rem - Answer Power to decide issues relating to property, whether the property is real,
personal, tangible, or intangible.
Long Arm Statutes - Answer Minimum contacts are enough to pull non-residents into court.
Corporate Contacts - Answer Does business or advertises within a state
Federal Court Jurisdiction must have two elements... - Answer 1. Federal Question
2. Diversity
General Jurisdiction - Answer Authority of a court to hear a wide range of cases.
Limited Jurisdiction - Answer Exists when a court's authority to hear cases is restricted to
certain types of claims, such as tax claims or bankruptcy petitions.
Original Jurisdiction - Answer A court's power to hear and decide a matter before any other
court can review the matter.
Appellate Jurisdiction - Answer Authority of court to review a decision of a lower court or
administrative agency.
, Alternate Dispute Resolution (ADR) - Answer Methods and/or mechanisms for resolving
disputes between parties without engaging in litigation. Arbitration and mediation are the most
commonly used forms of ADR.
Negotiation - Answer Informal discussion of the parties, sometimes without attorneys, where
differences are aired with the goal of coming to a "meeting of the minds" in resolving the case.
Mediation - Answer A method of settling disputes outside of court by using the services of a
neutral third party, who acts as a communicating agent between the parties and assists them in
negotiating a settlement.
Arbitration - Answer The hearing and determination of a dispute by an impartial referee
agreed to by both parties (often used to settle disputes between labor and management)
Mini-Trial - Answer A nonbinding process in which attorneys for the disputing parties present
evidence to managers of the disputing parties and a neutral third party, and then the managers
attempt to negotiate a settlement in consultation with the third party.
Expert Evaluations - Answer The neutral fact-finder in expert evaluation who reviews
documents and evidence provided by each party and draws on her range of experience and
expertise in the industry to offer an opinion on the merits and value of the claim and
recommend a settlement amount.
Summary Jury Trials - Answer A nonbinding process in which attorneys for both sides present
synopses of their cases to a jury, which renders an advisory opinion on the basis of these
presentations.
Online Dispute Resolution (ODR) - Answer The resolution of disputes with the assistance of
organizations that offer dispute-resolution services via the internet.
Internal Dispute Resolution - Answer A wide variety of methods used by organizations to deal
with conflicts that employees are not able to resolve on their own.
Forum Selection Clause - Answer A provision in a contract designating the court, jurisdiction,
or tribunal that will decide any disputes arising under the contract.
Choice-of-Law Clause - Answer A contract provision that designates a certain state's law or
country's law that will be applied in any dispute concerning nonperformance of the contract.