Law Exam 2

Front 1

Alternative Dispute Resolution

Back 1

Seeking some other method for dealing with the business problem instead of going to court.

Front 2

Arbitration

Back 2

Provides a means for handling disputes in a less formal setting than a trial.

Front 3

Binding Arbitration

Back 3

Means that the decision of the arbitrators are final.

Front 4

Nonbinding Arbitration

Back 4

If one of the parties are not satisfied with the result of the arbitration that party can take the case to court for final resolution.

Front 5

Mediation

Back 5

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

Front 6

Trial Courts

Back 6

Place where facts and case are presented. This court is where the jury sits when the case is a jury trial.

Front 7

Mini Trial

Back 7

The Parties have their Lawyers present the strongest aspects of their cases to senior officials from both companies in the presence of a neutral advisor or judge with experience in the field.

Front 8

Rent a Judge

Back 8

Private court System, in which parties may have their case heard before someone with Judicial experience without waiting for the slower process of public Justice.

Front 9

Summary Jury Trials

Back 9

The Parties are given the Opportunity to present summaries of thier evidence to a privately retained judge and jurors.

Front 10

Early Neutral Evaluation

Back 10

Requires another Attorney to meet with the parites, receive an assesmen of the case by both sides, and then often provide an evaluation of the merits of the case.

Front 11

Peer Review

Back 11

Usually takes place within three weeks of demand an is a review by coworkers of the action taken against an employee.

Front 12

Appellate Court

Back 12

Reviews a trial court descision to check the conduct of the judge, the trial, and the Jury.

Front 13

Judicial Review

Back 13

Review of what is done by trial courts to determine whether the trial court, often reffered to as the lower court, made an error applying the substantive or procedural law in the case.

Front 14

Federal District Court

Back 14

-General trial Court of the Federal System.

- Can only hear three types of cases: (1) When the US is a Party, (2) involve a federal question, (3) involves diversity of citizenship.

Front 15

Personam Jurisdiction

Back 15

Means for Acquiring Jurisdiction

- Property ownership in the state = in rem jurisdiction (limited)

-Volunteer—parties agree to it

-Presence in the state (“minimum contacts”)

Front 16

Bill of Rights (first 10 amendments to constitution)

Back 16

First: Freedom of speech
Fourth: Privacy
Fifth: Due process and self-incrimination
Sixth: Jury trial

Front 17

Role of Judicial Review

Back 17

-Determines the Rights Afforded by the U.S. Constitution

-Determines the Scope of Rights

-Plays Unique Role in Checks and Balances
-----Determines the appropriateness of the actions of other branches

Front 18

Eminent Domain

Back 18

-the right of government to take private property for public purpose for just compensation

-Public use examples: Highways, schools, urban redevelopment, limits on mining, historical preservation, economic development

Front 19

Administrative Procedures Act (APA)

Back 19

- Established uniform procedures for agencies to follow in promulgating rules

- Other acts have separate names but are amendments to the APA

Front 20

Freedom of Information Act (FOIA)

Back 20

-APA amendment passed in 1966

-Purpose was to allow public access to agency records

Front 21

Federal Privacy Act

Back 21

-Passed in 1974 as an APA amendment

-Intended to cut down on the pervasive and casual exchange of information about individuals between and among agencies

-Agencies cannot obtain individuals’ records from other agencies without the consent of that person

Front 22

Procedural Due Process

Back 22

A right that requires notice and the opportunity to be heard before rights or properties are taken away from an individual or business

Front 23

Substantive Due Process

Back 23

The right to have laws that do not deprive businesses or citizens of property or other rights without justification an reason.

Front 24

Commerce Clause

Back 24

Portion of the US constitution that controls federal regulation of business; limits Congress to regulating interstate and international commerce.

Front 25

Intrastate Commerce

Back 25

Business within state borders.

Front 26

Interstate Commerce

Back 26

Business across state lines.

Front 27

Foreign Commerce

Back 27

business outside US boundaries.

Front 28

Supremacy Clause

Back 28

Portion of the US constitution that defines the relationship between state and federal laws; the police power or health, safety, and welfare are part of the consideration of this constitutional issue.

Front 29

Administrative Agency

Back 29

A statutory creation within the executive branch with the power to make, interpret, and enforce laws.