Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/16

Click to flip

16 Cards in this Set

  • Front
  • Back
Negotiation technique:

Existence of time contstraints that affect the opponent more than they influence the negoitators client.
Asymmetrical time pressure
Negotiation technique:

Contract presented on take it or leave it basis only modifiable for miscalculation or changed circumstances.
Bulwarism
Negotiation technique:

Labor organization must have collective contracts their agents negotiate and ratified by members.
Limited client authority.
Negotiation technique:

Sometimes used where the offerors will have to spend substantial time and money preparing for trial if their initial terms are not accepted.
Decreasing or limited time offers.
Negotiation technique:

Used by negotiator when the parties have narrowed their differences to convince opponent that they are unwilling to make additional consessions.
Walking out
Negotiation technique:

Negotiator asks for something their client does not care about, but the other side wants, so that the negotiator can later give it up as a valuable concession to get something else in return.
False demands
Negotiation technique:

Negotiator subtely suggests that his client would suffer if certain action were taken, when he actually hopes to obtain the very result being eschewed.
Brer Rabbit
Negotiation technique:

Negotiator is sympathetic and concilliatory to the openents position while her negotiating partner catigates opponents for their pasimonious concessions and insicere desire to obtain accord.
Mutt and Jeff
Negotiation technique:

Instead of directly challenging the tactics and proposals of the opponent, the negotiator resorts to such tactics as obtructionism and procrastination.
Passive aggresive
Negotiation technique:

Expeditious method of reaching the point the negotiators would probably have attained had they continued to rely upon other traditional bargaining techniques.
Splitting the difference
What is the standard of care for tort liability in writing a legal opinion letter?
Such skill, pridence and diligence as lawuers of ordinary skill and capacity commonly possess and excercise in the performance of the tasks in which they undertake.
If you as the attorney have a personal interest in the subject matter of a legal opinion what should you do?
Disclose that fact in the legal opinion letter.
What are the three sources on which a legal opinion letter is based?
1. Client
2. Assumed facts
3. Investigation
In negotiating an attorney engagement agreement with a client, an attorney is deemed to be in a fiduciciary relationship with the client.
True
T/F
In Montana the the attorney engagement agreement may not be based upon a contingent fee.
True
T/F
It is necessary to always respond in writing to a clinents request for a legal opinion?
False.