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11 Cards in this Set
- Front
- Back
Adversarial System
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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.
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Alternate Dispute Resolution
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Any legal mechanisim used to settle a conflict without going to trial.
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Arbitration
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A form of dispute resolution in which a neutral third party makes a decision that is binding on the two disputants.
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Contigency Fee
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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.
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Inquisitorial Approach
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The procedure used in Europe, in which questioning is the responsiblity solely of the judge.
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Juvenile Court
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A court to decide criminal chaarges brought against children under 18; these courts often handle cases of abused or neglected children.
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Mediation
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A form of alternative dispute resolution in which a neutral third party helps the disputing parties agree on a resolution to their conflict.
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Model Rules of Professional Conduct
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A code promulgated by the Americal Bar Association to regulate lawyers' ethical behavior; the Model Rules have been adopted in most states.
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Retention Election
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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.
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Summary Jury Trial
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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.
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Writ of Certiorari
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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.
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