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39 Cards in this Set
- Front
- Back
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4 questions on the ethical checklist of decision making?
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What are the facts? what are the critical issues? who are the stakeholders? are there any alternative actions available?
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is it ethical to lie sometimes?
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yes
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Do businesses have to be ethically and socially responsible? are they?
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it is becoming more of an issue, yes they should be but no they are not
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Litigation=
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the traditional dispute resolution, courts
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4 reasons why you should avoid court?
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extremely time consuming, outrageously expensive, cannot be certain of outcome, There is no outside confidentiallity
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what percentage of court cases actually go to trial?
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less than 10% most have settlements
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if your suing for 100000 dollars is it worth going to trial?
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no trial could take up to 3-5 yrs and cost too much
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adr?
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alternative dispute resolution
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The most common ADR, no one besides the parties come to an agreement without courts
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negotiation
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This ADR involves bringing in an expert on the topic to help solve the case
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early neutral case evaluation
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This ADR is the fastest growing form, its 3rd party assisted negotiations where everyone must agree with the outcome
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mediation
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differences between the two kinds of arbitration?
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Binding- you don't go to court but whatever the arbitrator says is final. Nonbinding- both parties can walk away from the arbitrators decision
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arbitration always ends in a
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winner or loser
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where does the arbitrator get their power?
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by the contract that both parties agree to
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if you agree to binding arbitration what are the consequences?
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you give up your right to go to trial, and no change to the arbitrators decision
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what is the federal arbitration act and the uniform state acts?
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gives the corts the power to treat the arbitration reward as a court order
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where one party notifies the other that theyre going to arbitration and who the arbitrator will be?
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submitting the dispute to arbitration
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how long after a dispute can arbitration be an ADR option
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6 months
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This can be very formal or very informal, you have evidence, lawyers, and even testimonies, but its not litigation
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arbitration hearing
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Even if a award has a mistake you cannot take it to court if you sign a
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binding arbitration contract
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what is court annexed arbitration? success rate?
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its court ordered nonbinding arbitration, 90% of cases end here
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name the 52 court systems?
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each state court, district of columbia, and federal courts
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The courts power to hear and decide a case?
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jurisdiction
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Can a state try you for breaking a federal law?
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no it has to be in federal courts
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The state can apply federal law in acase that violates the US constitution, this is an example of
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concurrent jurisdiction
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whats geographic jurisdiction?
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the BENTON COUNTY courts, within the county
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does the court have the power to make the person come to court?
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in personam jurisdiction
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has the person been in the county to cause the lawsuit, if so the court has
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sufficient minimum contact
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Unique to corporation about sufficent minimum contact?
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any advertizing or business of any sort gives the courts sufficent minimum contact
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This jurisdiction is given by power over the PROPERTY
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in Rem Jurisdiction
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if your suing over property, then jurisdiction is in the county that
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the property is located in
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3 Examples of courts of limited subject matter jurisdiction
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juvenile court, small claims, or trial court
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Example of courts of general jurisdiction
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benton county, they see many things from lawsuits to traffic to criminal
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This court is the decider of facts, the original court
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trial court
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If you lose trial court you have the right of appeal in, where they wil
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appeals court, review and search for legal errors, no new evidence or witnesses
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in cyberspace, where is the geography? where is sufficent minimum contact?
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there is no geography, if there has been any business activity, there is sufficent minimum contact
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if the case is about federal law the its considered a
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federal question
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what is diversity of citizenship?
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people from different states suing for more than 75,000 then you can sue in federal court
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Even if a case starts in state court it can be removed to federal court if it qualifies as what?
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a federal question, or a diversity of citizenship
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