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BLAW 2200 FINAL EXAM REVIEW

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BLAW 2200 FINAL EXAM REVIEW

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BLAW 2200 FINAL EXAM REVIEW

Jurisdiction - Answers - The right and power to interpret and apply the law.

Venue - Answers - Is concerned with the most appropriate location for the trial. Proper
venue is where the injury occurred or where both parties reside.

Standing - Answers - 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 - Answers - 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 - Answers - Power to decide issues relating to property, whether the property is
real, personal, tangible, or intangible.

Long Arm Statutes - Answers - Minimum contacts are enough to pull non-residents into
court.

Corporate Contacts - Answers - Does business or advertises within a state

Federal Court Jurisdiction must have two elements... - Answers - 1. Federal Question
2. Diversity

General Jurisdiction - Answers - Authority of a court to hear a wide range of cases.

Limited Jurisdiction - Answers - 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 - Answers - A court's power to hear and decide a matter before any
other court can review the matter.

Appellate Jurisdiction - Answers - Authority of court to review a decision of a lower court
or administrative agency.

Alternate Dispute Resolution (ADR) - Answers - 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 - Answers - 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 - Answers - 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 - Answers - 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 - Answers - 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 - Answers - 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 - Answers - 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) - Answers - The resolution of disputes with the
assistance of organizations that offer dispute-resolution services via the internet.

Internal Dispute Resolution - Answers - 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 - Answers - A provision in a contract designating the court,
jurisdiction, or tribunal that will decide any disputes arising under the contract.

Choice-of-Law Clause - Answers - 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.

Arbitration Clause - Answers - A clause in 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.

Federal Court Jurisdiction - Answers - Deals with cases involving US laws, treaties with
foreign nations, or interpretations of the Constitution, ambassadors, maritime laws,
between states.

Personal Jurisdiction - Answers - A court's power to bring a person into its adjudicative
process; jurisdiction over a defendant's personal rights, rather than merely over property
interests.

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