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50 Cards in this Set

  • Front
  • Back
dispute
one party makes a claim that another party denies
negotiation
process used to persuade or coerce someone to do what you want them to do
positional bargaining
type of negotiation
focuses on the parties exchanging offers till parties find a middle ground
principled, interest-based negotiations
type of negotiation
focuses on the parties' interests as opposed to positions
focus groups
attorneys assemble a group of citizens and present their evidence
group deliberates and makes findings
arbitration
submissin of a dispute to an extrajudicial authority for decision
arbitrator
the individual authroied by disputing parties to resolve a dispute through the arbitration process
submission
the act ofreferring a matter to arbitration
voluntary arbitration
disputing parties agree to use submissin to arbitration
mandatory arbitration
when a statute or court requires parties to arbitrate
award
the decision announced by an arbitrator
predispute arbitration clause
applicable to ADR systems agreed to by contracting parties prior to a dispute arising
postdispute arbitration clause
can be apllicable to arbitration, mediation, or other methods of ADR
signed by parties that are already in dispute
de novo judicial review
a procedding where the judge or hearing officer hears the case as if it had not been heard before
mediation
the process by which a third person attempts to assist disputing parties in resolving their differences
mediator
one who attempts to assist disputing partiesi n resolving their differences
caucus
private meeting between a mediator and one ofthe parties involved in a mediation
Med-Arb
abbrev. for an alternative dispute resolution system that involves parties going through mediation and agreeing to resolve as many issues as possible
separation of powers
different levels of govt
federalism
separtion of powers between levels of govt
supremacy clause
courts may be called upon to decide if a state law is invalid because it conflict with a federal law
preemption
a condition when a federal statute or administrative rule governs an issue to the extent that a state or local govt is prohibited from regulaating that area of law
contract clause
constitutional provision that prohibits states from enacting laws that interfere iwht existing contracts
establishment clause
first amendment
congress shall make no law respecting a establishment of religion
free exercise clause
congress shall make no law prohibiting the free exercise thereof
prior restraint
encourage govts to allow the publication or expression of toughts rather than to restrain such thoughts in advance of their publication or expression
defamation
the publication of anyting injurious to the good name or reputation of another
libel
used to recover damages as a result of printed defamation of character
malice
state of mind that accompanies the intentional doing of a wrongful act without justification or excuse
symbolic speech
nonverbal expression
overbreadth doctrine
legislators have gone too far in seeking to achieve a goal
commercial speech
speech that has a business oriented purpose
due process clause
-found under 5th amendment
-assures citizens of fundamental fairness in their relationship with the govt
equal protection clause
-found under 14th amendment
-requires all citizens to be treated in a similar manner by the govt unless there is a sufficient justification for the unequal treatment
procedural due process
the process ensuring fundamental rairness that all citizens are entitled to under the constitution
minimum rationality
legal test used by courts to test the validity of governmental action, such as leglislation, under the equal protection clause
strict scrutiny/quasi-strict scrutiny
legal test used by courts to test the validity of govt action such as legislation under the equal protection clause
commerce clause
grants the federal govt power to regulate business transactions
police powers
authority a state or local govt has to protect the public's health, safety, morals, and general welfare
dormany commerce clause concept
impact of the commerce clause as ameans of limiting state and local govt powers to regulate business activities
irreconcilable conflicts
when a state or local law requires something different than a federal low and both laws cannot be satisfied
undue burden
under civil rights act 1964 and americans w/ disabilitec act and employer need not take action that is excessively costly or creates excessive inefficiency in order to accommodate an employee's religous beliefs or disablility
prohibiting discrimination
standard of review under the commerce clause that can invalidate state and local laws
apportionment
divide a company's taxable income so that no one state burdens a company with an unfair tax bill
nexus
a logical connection
administrative agencies
boards, bureaus, commissions, and organizations that make up the govt bureaucracy
quasi-legislative
an agency can issue rules that have the impact of laws
quasi-judicial
agencies can make decison like a court
exhaustion of remedies
court created rule that limits when courts can review administrative decions
primary jurisdiction
doctrine used by reviewing courts to determine whether a case is properly before the courts or whether is should be heard by an administrative agency first