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43 Cards in this Set
- Front
- Back
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What is a system of limitations upon our actions imposed by the government to ensure order, safety,predictability, and control
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LAW
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The study of law, legal systems, and legal philosophy
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Jurisprudence
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Absolute right or wrong-- nature and god designated
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Natural Law
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As long as it comes from a proper, higher source, its a law
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Legal Positivism
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Experiences of what the law should be, whatever the judge thinks is correct is the law
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Legal Realism
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How society changes if the law will benefit or damage society
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sociological
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enacts and makes the law
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legislative
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executive
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initiates laws
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judicial
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interprets laws
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regulation of society vs strictly individual dealings (murder; a threat to society)
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Public Law
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One on one, no threat to society
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private law
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violation of a law that's not a statute.
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civil law
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law thats written down created by congress
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CIVIL LAW
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Law Based on court decisions in the past
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Common Law
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"Let the decision stand"
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stare decisis
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the law itself and what rules are... killed somebody
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substantial law
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how to put the law into effect (you have this many years in jail
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procedural law
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money should be used to punish somebody.. 10k to replace car
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law
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non monetary, somebody cuts down tree, you replace that tree
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equity
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sources of law
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constitution
statutes state laws state constitution treaties ordinances |
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agency created by govt to protect people from govt
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Admin agency law
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violation of civil law (personal injury)
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tort law
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treat others how you wanna be treated;;; to have good intent you have to do things he way you want things to be
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Emmanual Kant;; Categorical Imperative
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right to his or her rights regardless of what social class or place in society
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social contract theory
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situational ethics;; to lie and save someones life (ethical) to lie and cause harm (unethical)
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Consequentialism
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CHAPTER TWO
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CHAPTER TWO
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METHODS FOR CONFLICTS THAT DO NOT NEED LITIGATION
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ADR
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Reasons for use of ADR
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accesible
cost effective fair and neutral saves time and money structured dialogue confidential better relationships |
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A negotiation that is free (method)
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Conciliation
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brings an outsider that can be used to conduct mediation disputes (method)
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Mediataion
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govt agency that can be used to conduct mediation disputes
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federal mediation and conciliation service
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optional way for both parties to come to an agreement
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court annexed ADR
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Prohibition of discrimination for employees
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equal opp. employment program
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someone who listens to both parties problems then imposes a solution
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Arbitration
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AAA
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AMERICAN ARBITRATION ASSOSCIATIONS
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contains a provision for binding arbitration requiring that contract disputes will be handled by an arbitrator
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Collective Bargaining
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permits parties to collective bargaining and to dispose agreements without litigation
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labor arbitration
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addresses all disputes to be arbitrated besides labor ones
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commercial arbitration
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applies to commercial agreements that affect interstate commerce and makes the arbitrators award legally enforceable
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Federal Arbitration
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FDR proposed for labor unions to help make a middle class
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Wagner act
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arbitrators decision stands as is
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binding
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arbitrators decision is not permanent and final
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non binding
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Statement from both parties of the issue and state that they would like to see it resolve
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Submission
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