Approaches to Dispute Resolution Exam Solution Manual. Graded A+
what are dispute resolutions - Answers different ways to solve an issue
what are the three areas of law.. how issues are solved - Answers ADR
court system
civil lawsuits/litigation
litigation - Answers filing a lawsuit
can go to court or trial
ADR vs Litigation - Answers ADR-
any formal/informal way to setting dispute without going to trial
Litigation-
going to court/trial
5 reasons why you dont want to go to trial - Answers cheaper to settle out of court
quicker
privacy
keeps the parties talking
uncertainty
how can talking lead to not going to court - Answers when people talk, they work things out
Types of ADR - Answers negotiation
mediation
arbitration
negotiation - Answers formal or informal
The parties talk to each other
can be face to face or through lawyers
mediation - Answers a neutral person who attempts parties to settle
, The mediator does not render (make) a decision... just gets the parties to talk to come to a decision
not binding
arbitration - Answers a neutral person (arbitrator)
the decision is binding
may be manditory
example of arbitration - Answers judge judy
T/F
The supremacy clause means that the federal law is more important than state law, then local law -
Answers
Jurisdiction - Answers courts must have this to hear a case
subject matter jurisdiction - Answers Does the law give that court to hear that type of case
What type of case they can have
personal jurisdiction - Answers Did the subject happen within the area of the court
min contracts
If you drive through a state, this state has authority over you
long arm statute - Answers assert jurisdiction over nonresidents who engage in some purposeful activity
in this state
every state has what 2 types of courts - Answers federal
state
diversity cases - Answers When the plaintiff and defendant are citizens of two different states... what
type of court to go to
I am from Nj visiting blacksburg VA, I then get hit by a truck from a person that is from VA.
what are the rules with going to court - Answers If I sue for over 75,000 I have the choice to go to federal
or state court
If I sue for less then 75,000 I cannot go to federal court
what happens if both cars are from the same state, during a car crash - Answers must go to state court
what are dispute resolutions - Answers different ways to solve an issue
what are the three areas of law.. how issues are solved - Answers ADR
court system
civil lawsuits/litigation
litigation - Answers filing a lawsuit
can go to court or trial
ADR vs Litigation - Answers ADR-
any formal/informal way to setting dispute without going to trial
Litigation-
going to court/trial
5 reasons why you dont want to go to trial - Answers cheaper to settle out of court
quicker
privacy
keeps the parties talking
uncertainty
how can talking lead to not going to court - Answers when people talk, they work things out
Types of ADR - Answers negotiation
mediation
arbitration
negotiation - Answers formal or informal
The parties talk to each other
can be face to face or through lawyers
mediation - Answers a neutral person who attempts parties to settle
, The mediator does not render (make) a decision... just gets the parties to talk to come to a decision
not binding
arbitration - Answers a neutral person (arbitrator)
the decision is binding
may be manditory
example of arbitration - Answers judge judy
T/F
The supremacy clause means that the federal law is more important than state law, then local law -
Answers
Jurisdiction - Answers courts must have this to hear a case
subject matter jurisdiction - Answers Does the law give that court to hear that type of case
What type of case they can have
personal jurisdiction - Answers Did the subject happen within the area of the court
min contracts
If you drive through a state, this state has authority over you
long arm statute - Answers assert jurisdiction over nonresidents who engage in some purposeful activity
in this state
every state has what 2 types of courts - Answers federal
state
diversity cases - Answers When the plaintiff and defendant are citizens of two different states... what
type of court to go to
I am from Nj visiting blacksburg VA, I then get hit by a truck from a person that is from VA.
what are the rules with going to court - Answers If I sue for over 75,000 I have the choice to go to federal
or state court
If I sue for less then 75,000 I cannot go to federal court
what happens if both cars are from the same state, during a car crash - Answers must go to state court
