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

A

right

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
Q

requirements to bring a diversity of citizenship case

A

the amount in controversy must exceed $75,000. Second, all plaintiffs must be of different citizenship than all defendants.

26
Q

know the primary sources of law

A

books and websites that comprise the formal, written statements of law issued by government entities.

27
Q

Corporations triple bottom line

A

instead of one bottom line, there should be three: profit, people, and the planet.

28
Q

American law was heavily influenced by which country’s legal system?

A

England