Ch. 3 Judicial Process and Alternative Dispute Resolution

Question 1

What is the Adjudicative Model?

Answer 1

Adjudicative Model – Model in which a neutral and passive judge not chosen by parties makes a binding decision by applying established legal principles to a set of facts presented by opposing parties in conformity with strict and formal procedural rules.

Question 2

What is an Administrative Tribunal?

Answer 2

A body designed to resolve disputes arising under specify laws and regulations, such as human rights act or landlord-tenant rules. Although tribunal is “quasi-judicial”, they are part of the executive (public administration) or legislative (in case of human rights tribunals) branches of the state and not the judiciary, and tribunal members are usually not judges.

Question 3

What is Mediation?

Answer 3

A system of dispute resolution in which a third party is chosen by the participants in the dispute to assist in resolving it. The Mediator makes non-binding suggestions based on the interest expressed by the parties to the dispute

ADR - problem solving model

Question 4

What is Arbitration ?

Answer 4

A system of dispute resolution in which the parties in the agree on a decision-maker-arbitrator- who makes a decision (binding or not binding depending on the type of arbitration) based on legal rules. The process is relatively formal.

ADR - problem solving model

Question 5

What is binding ?

Answer 5

Binding - Commonlegalphrase indicating that an agreement has been consciously made, and certain actions are now either required or prohibited. For example, a lease for an apartment is legallybinding, because upon signing the document, the lessor and the lessee are agreeing to a number of conditions.

Question 6

Name the Models of Judicial Process in the Common Law System

Answer 6

1) Adjudicative
2) Policy-Making
3) Problem Solving

Question 7

Model of Judicial Process in the Common Law System - Describe Adjudicative in terms of access to courts, number of parties and role of the judge, fact finding, mode of reasoning

Answer 7

Access to courts: Strict rules of standing, mootness, ripeness, and political question that make it hard to access

Number of parties and role of the judge: Bipolar (two parties)

Fact-finding: Adjudicative facts

Mode of reasoning: legal principle

Question 8

Model of Judicial Process in the Common Law System - Describe Policy-Making in terms of access to courts, number of parties and role of the judge, fact-finding, mode of reasoning

Answer 8

Access to courts: Liberalized rules of standing, mootness, ripeness, and political questions that make access easier

Number of parties and role of the judge: Multi party/ encouraged

Fact-finding: Soci facts, interveners, relaxed

Mode of reasoning: Create rules to balance interest, and achieve “justice”
Relatively greater law-making

Question 9

Model of Judicial Process in the Common Law System - Describe Problem-Solving in terms of access to courts, number of parties and role of the judge, fact-finding, mode of reasoning

Answer 9

Access to courts: N.A

The number of parties and role of the judge: Team-based approach, less formal, especially in the pre-trial ADR process

Fact-finding: More contextual knowledge of the litigant. Judge more active in fact-finding

Mode of reasoning: Focusing o solving problems of the litigant and building relationship

Question 10

Define Standing

Answer 10

The requirement that an individual, group, or organization be party to a legal dispute in order to intiate a legal case. The degree to which bar has been enforced has varied.

Question 11

Define a Moot case

Answer 11

Situations in which the underlying dispute that led to a legal conflict is no longer a live dispute. Often this is a result of parties settling.

Question 12

Defien Ripeness

Answer 12

Part of the determination of what cases are approprioate for the courts to adjudicate. Ripeness requires that the issue has “matured” enough (facts) for the court to pronounce on it and that there are no alternatve mean of resolving.

Question 13

What four things do you need to acess courts

Answer 13

standing,moot, ripeness

Question 14

Problem solving model contain Alternative Dispute Resolution (ADR) process before trial. Describe this process

Answer 14

A process by which disputes are resolved without litigation. Two of the most common are mediation and arbitration.

Question 15

Soci fact - Factums Define

Answer 15

biased - a written legal argument presented to the court by a party or intervener; also known as “brief” in the us

Question 16

What are specialized courts/ therapeutical jurisprudence characters (3)?

Answer 16

takes place during trial stage.

1) Attention seeking to “tangible outcome for victims, for offenders and for society”
2) Collaboration of the courts with criminal justice agencies, government service providers, and community to help achieve goal for individuals by proving a PLAN and IMPLEMENTATION PROCESS
3) Non-traditional role lawyers and judges

Question 17

Name the three soci-fats

Answer 17

1) Judicial Notice
2) Expert witness
3) Factums

Question 18

What is judicial notice

Answer 18

When judges consider social factors or literature not presented by thr parties to the case,\

Question 19

What is a expert witness

Answer 19

Individuals who provide specialzed testimony about a particular topic relevant int trial

Question 20

R. Askov - Sex workers and delays eloborate

Answer 20

Askov used social facts to highlight the fact that his case after prelimanary hearing to 23 month over the “reasonable time for a trial” time that the courts allow. Subquently, when presented with this it made its way to the SC and they ruled in favor. This lead to 40K cases been dismissed. An example of soci facts going against the court.