Final deck 1 Flashcards

1
Q

Arbitration

A

alternative dispute resolution that resolves disputes outside the judiciary courts.

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2
Q

Binding Authority

A

cases, statutes, or regulations that a court must follow because they bind the court

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3
Q

Corporate social responsibility

A

business model that helps a company be socially accountable to itself, its stakeholders, and the public.

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4
Q

defendant

A

an individual, company, or institution sued or accused in a court of law

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5
Q

mediation

A

impartial third party assists disputing parties in resolving conflict

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6
Q

negotiation

A

discussion aimed at reaching an agreement

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7
Q

stakeholders

A

a person with an interest or concern in something, especially a business.

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8
Q

statutes of limitations

A

law that sets the maximum amount of time that parties involved in a dispute have to initiate legal proceedings from the date of an alleged offense, whether civil or criminal.

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9
Q

Utilitarianism

A

the doctrine that actions are right if they are useful or for the benefit of a majority.

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10
Q

venue

A

the county or district within which a criminal or civil case must be heard.

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11
Q

ethics

A

moral principles that govern a person’s behavior or the conducting of an activity.

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12
Q

concurrent jurisdiction

A

Two or more courts have concurrent jurisdiction over a case if all of the courts have the power to hear it.

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13
Q

what is the role of courts/judicial branch

A

decides the constitutionality of federal laws and resolves other disputes about federal laws

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14
Q

plaintiff vs defendant

A

The plaintiff is the party who brings a legal action or in whose name it is brought — as opposed to the defendant, the party who is being sued

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15
Q

minimum contracts

A

when it is appropriate for a court in one state to assert personal jurisdiction over a defendant from another state.

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16
Q

state constitution vs US constitution

A

federal law displaces, or preempts, state law,

17
Q

appeal process

A

Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a “brief.” In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed.

18
Q

I.R.A.C

A

issue, rule, application, conclusion

19
Q

what is standing?

A

sufficient connection to and harm from the law or action challenged to support that party’s participation in the case.

20
Q

when are corporations subject to personal jurisdiction?

A

only in the state in which the corporation has its headquarters or its principal place of business.

21
Q

4 schools of legal thought

A

formalism, realism, positivism, and naturalism.

22
Q

the law is the moral

23
Q

what is a writ of certiorari

A

meant for rare use, by which an appellate court decides to review a case at its discretion.

24
Q

what is Jurisdiction?

A

legal authority granted to a legal entity to enact justice

25
requirements to bring a diversity of citizenship case
the amount in controversy must exceed $75,000. Second, all plaintiffs must be of different citizenship than all defendants.
26
know the primary sources of law
books and websites that comprise the formal, written statements of law issued by government entities.
27
Corporations triple bottom line
instead of one bottom line, there should be three: profit, people, and the planet.
28
American law was heavily influenced by which country's legal system?
England