Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
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
|