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23 Cards in this Set
- Front
- Back
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A decision from a state supreme court in one state is binding on a trial court judge in
another state if the other state has no applicable law on the issue involved. |
FALSE
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A court must have two types of jurisdiction to decide any particular case.
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TRUE
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The "V" from the COVER model stands for vigilance.
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FALSE
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is not a purpose of the law as set forth in the text
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ENCOURAGING TAXATION
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PRIVATE LAW
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involves disputes between private individuals or groups
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PUBLIC LAW
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involves disputes between private individuals or groups and their government
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CIVIL LAW AND PROCEDURAL LAW BUT NOT CRIMINAL LAW
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involves remedies available to an individual when his or her rights are violated
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CRIMINAL LAW
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applies to situations in which someone commits an act against the public as a unit
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Laws are interpreted by?
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COURTS
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The rules and regulations put forth by legislatures are referred to as
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STATUTORY LAWS
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PRECEDENT
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involves the use of past decisions to guide future decisions.
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When courts rely on precedent, they are obeying
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STARE DECISIS
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LEGAL POSITIVISM
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obeying all laws and regulations even if you do not agree with them
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true regarding state and federal court jurisdiction
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1state courts have exclusive jurisdiction 2 state courts have concurrent jurisdiction w/ federal courts 3state courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system.
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TOOLS OF DISCOVERY
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INTERROGATORIES AND DEPOSITIONS BUT NOW SUMMARY NOTIONS
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NOT A GENERAL FUNCTION OF LAW
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encouraging individual justice
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In which form of ADR can the parties possibly expect an "award"?
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ARBITRATION
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positive points of arbitration
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Arbitrators are assigned so parties do not have to pick them, and arbitration is generally less expensive than litigation.
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What is a provision in a contract mandating that all disputes arising under the contract be
settled by arbitration called? |
A binding arbitration clause
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question of fact
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Whether a vehicle ran a traffic light
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advantage of mediation
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It helps disputing parties preserve their relationships, and also parties to mediation
have a high level of autonomy. |
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What does the "C" in the COVER model stand for?
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Code of conduct
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three approaches to solving ethical delimmas
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1The Golden Rule
2The Public Disclosure Test 3The Universalization Test NOT THE EQUALITY TEST |
