Business Law Test One Set 6

Front 1

number of districts per state are based on

Back 1

population

Front 2

Property ownership in the state

Back 2

in rem jurisdiction

Front 3

What are three means to Acquiring Jurisdiction

Back 3

Property ownership in the state = in rem jurisdiction
Volunteer—parties agree to it
Presence in the state
---Residence
---Corporations incorporated ---or doing business in the ---state
---Minimum contacts - ---constitutional standards ---of contact with a state ---(“Long-Arm” Statutes)

Front 4

statutes in each state that allow the state courts to bring in defendants from outside the state so long as they have some minimum contact with the state.

Back 4

long arm statutes

Front 5

Oldest Form of ADR

Back 5

arbitration

Front 6

offers parties alternative means of resolving their differences outside actual courtroom litigation and the costly preparation for it.

Back 6

alternative dispute resolution

Front 7

arbitration can be?

Back 7

binding or non binding
binding- decision of arbitrators is final
nonbinding arbitration-decision is not final

Front 8

Parties submit grievances and evidence to a third party expert in an informal setting
American ----------- Association provides many arbitrators and rules

Back 8

arbitration, arbitration

Front 9

what are the advantages of arbitration?

Back 9

Less formality
Moves faster than a trial
Handled privately
Expert handles the cases

Front 10

what are the dis advantages of arbitration?

Back 10

-Arbitrator may not have legal training and may not understand the significance of legal points
-Rules of evidence do not apply
-Expense and complexity has increased

Front 11

what is the arbitration process?

Back 11

Parties agree to submit to arbitration
American Arbitration Association (AAA) can handle the proceedings for a fee
Demand for arbitration is filed
Arbitrator is selected

Front 12

a process in which both parties meet with a neutral mediator who listens to each side explain its position

Back 12

mediation

Front 13

not binding unless the parties have agreed to be bound by the decision

Back 13

mediation

Front 14

Parties use a go-between to negotiate and communicate
Used in international transactions
Mediator can offer suggestions for resolution
Not binding

Back 14

mediation

Front 15

Recent creation in which arbitrator first attempt to negotiate between the two parties.
If unsuccessfully the case goes to arbitration

Back 15

medarb (mediation arbitration)

Front 16

Small-scale trial where parties present case to a judge with experience in the field or to a neutral advisor
-Advisor or judge makes decision
-Can motivate parties to resolve differences even if the results are not binding

Back 16

mini trial

Front 17

mini trials are binding t/f

Back 17

false mini trials are not binding

Front 18

Trial held in commercial as opposed to a public court
Pay fees for courtroom and judge
Example: “The People’s Court” TV show

Back 18

rent a judge

Front 19

process occurring before a trial that involves each side's investigation of the case, the evidence, and the witnesses; consists of depositions, interrogatories, requests for admissions and productions, and so on.

Back 19

discovery

Front 20

Gives parties an idea about jury’s perceptions
Used after discovery is complete

Back 20

Summary Jury Trials