basics

Question 1

arbitration v. mediation v. litigation

Answer 1

Higher standard of reversal of appeal (i.e. corruption), judge needs consent from both parties for arbitration; arbitration (decision is binding) while mediation (voluntary non-binding settlement)

Question 2

arbitrability

Answer 2

the ability for a case to be sent to arbitration

Question 3

Motion

Answer 3

a request to a court for a ruling and an order to resolve some dispute b/n parties

Question 4

Petition

Answer 4

a request for a court to issue a writ, which is a court order, usually directed to some other court or some government official, commanding it to take some required action

Question 5

Notice

Answer 5

a document that notifies other interested parties and authorities that a party has already taken some action he had a right to take; he did not need anyone else’s permission or consent to do so

Question 6

What is the applicability of Rule 1?

Answer 6

this rule is almost never applied via the Carlisle case (motion was filed late); only applies to ambiguous rules (there aren’t any)

Question 7

what is the hierarchy of civil procedure?

Answer 7

Bible, Constitution, Federal Statutes (Congress), FRCP, local rules (individual federal district court), and standing order

Question 8

Characteristics of District Court (fed. level)?

Answer 8

Congress, 94 courts, original jurisdiction, jurisdiction as of right (mandatory), one judge (almost always), oral argument maybe allowed

Question 9

Characteristics of Court of Appeals

Answer 9

Congress, 13 Circuits, appellate jurisdiction, as of right jurisdiction, panels (rarely en banc), sometimes oral arguments will be heard (up to court)