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13 Cards in this Set

  • Front
  • Back
the resolution of disputes in ways other than those involved in the traditional judicial process. (ie negotiation, mediation, arbitration)
Alternative Dispute Resolution (ADR)
the settling of a dispute by submitting it to a disinterested thrid party (other than the court), who renders a decision. The decision may or may not be legally binding
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
arbitration clause
in the constitutionnm a basis for federal court jurisdiction over a lawsuit between:
1. citizens of different states
2. a foreign country and citizens of a state or of different states
3. citizens of a state and citizens or subjects of a foreign country.

the amt in the controversy must be more than 75,000 before a federal court can take jurisdiction in such cases
diversity of citizenship
a question that pertains to the US Constitution, acts of congress, or treaties. It provides a basis for federal jurisdiction
federal question
court jurisdiction over the "person" involved in a legal action; personal jurisdiction
in personam juridiction
court jurisdiction over a defendant's property
in rem jurisdiction
the authority off a court to hear and decide a specific action
a state statute that permits a state to obtain personal jurisdiction over nonresident defendants. a defendant must have "minimum contacts" with that state for the statute to apply
long arm statute
a method of settling disputes outside of court by using the services of a neutral 3rd party, who acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute
in regard to dispute settlement, a process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them
in a lawsuiit, an issue involving a factual dispute that can only be decided by a judge/jury
question of fact
in a lawsuit, an issue involving the application or interpretation of a law; therefore, the judge, and not the jury
question of law