Chapter 2, Courts and Alternative Dispute Resolution

Question 1

Difference between in rem and in personam jurisdiction

Answer 1

in rem - over property

in personam - over a person

Question 2

The ability to exercise jurisdiction over a non-resident provided the defendant has “minimum contacts” with the state is known as:

Answer 2

The Long Arm Statute

Question 3

Appeal courts focus on questions of ____

Answer 3

Law

Question 4

What are the 4 limiting factors for a courts subject matter-jurisdiction

Answer 4

1. Subject of Lawsuit
2. Sum in controversy
3. Whether the case involves a felony or a misdemeanor
4. Whether the proceeding is a trial or an appeal

Question 5

-Subject matter-

Original jurisdiction vs appellate juristiction

Answer 5

Original is Trial (1st time) - District and trial courts

Appellate is appeal (after trial)

Question 6

Subject matter Jurisdiction of federal court is limited to which 2 situations

Answer 6

1. Federal questions

2. Diversity of Citizenship - Requires plantiff and defendants to be from different states AND over $75,000

Question 7

3 Elements of Standing

Answer 7

1. Harm - Real and substantial
2. Causation - must be connection between conduct and injury
3. Remedy - it must be likely that the court will remedy injury suffered

Question 8

____ is an order issued by the supreme court to lower courts requesting records for case review

Answer 8

Writ of Certiorar

Question 9

This type of ADR is voluntary and has no third party

Answer 9

Negotiation