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11 Cards in this Set

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  • Back
Adversarial System
A system of resolving disputes in which the parties, usually represented by counsel, argue and present evidence to a neutral fact finder, who makes a decision based on teh evidence and arguments presented by the parties; as distinguished from an inquisitorial system, in wihch the fact finder takes an active part in determining what ocurred.
Alternate Dispute Resolution
Any legal mechanisim used to settle a conflict without going to trial.
A form of dispute resolution in which a neutral third party makes a decision that is binding on the two disputants.
Contigency Fee
An agreement between a plaintiff in a civil suit and the plaintiff's attorney by which the attorney recieves a portion of any award to the plaintiff but otherwise is not paid by the plaintiff.
Inquisitorial Approach
The procedure used in Europe, in which questioning is the responsiblity solely of the judge.
Juvenile Court
A court to decide criminal chaarges brought against children under 18; these courts often handle cases of abused or neglected children.
A form of alternative dispute resolution in which a neutral third party helps the disputing parties agree on a resolution to their conflict.
Model Rules of Professional Conduct
A code promulgated by the Americal Bar Association to regulate lawyers' ethical behavior; the Model Rules have been adopted in most states.
Retention Election
An election in which a judge runs on his/her record; there is no opponent-voters are simply asked whether or not they want to retain the judge in office.
Summary Jury Trial
A brief presentation of both sides of the case, usually lasing only one day, in which a jury renders a verdict that is only advisory to a judge.
Writ of Certiorari
An order by an appellate cour allowing an appeal from a lower court; used in caes when the appellate cour may, but is not requiared to, allow the appeal.