Final Exam Flashcards

1
Q

What type of litigant uses the court occasionally?

A

One-Shotter

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2
Q

What process combines the roles of mediator and investigator?

A

Ombudsman Process

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3
Q

Which legal term emphasizes disputants attempting to resolve their disagreements without the intervention of a third party?

A

Negotiation

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4
Q

Which legal term involves the intervention of a neutral third party to facilitate the resolution of a dispute?

A

Mediation

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5
Q

What kind of legal action deals with harm or loss due to civil wrongs?

A

Tort litigation

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6
Q

What is the process by which a neutral third party, known as an arbitrator, examines the evidence and issues a legally binding decision to settle a dispute?

A

Arbitration

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7
Q

What is the formal and public process for resolving disputes, exemplified by methods like litigation in a court?

A

Adjudication

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8
Q

What is the term that describes the persistence of a dispute without involving a neutral third party or actively seeking resolution?

A

Lumping it

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9
Q

What category can terms like “dueling,” “rituals,” and “feuding” be considered as types of?

A

Dispute Resolution

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10
Q

What term refers to conflicts or disagreements that arise between individuals and organizations?

A

Disputes Between Individuals and Organizations

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11
Q

What is the process of dealing with and managing disputes, whether through formal or informal methods?

A

Dispute processing

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12
Q

What is the term for reaching a resolution or settlement in a dispute between the parties involved?

A

Dispute Settlement

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13
Q

Law is an instrument for what form of change?

A

Social Change

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14
Q

Is the relationship between law and social change unidirectional or reciprocal?

A

Reciprocal, with both influencing each other.

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15
Q

Provide an example of law reacting to social change?

A

The Civil Rights movement of 1964.

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16
Q

What do some scholars argue regarding law and social change?

A

Some argue that law reacts to social change.

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17
Q

Provide an example of law creating social change?

A

Post-WWII legal changes shifting Eastern-bloc countries to a socialist society.

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18
Q

What are the limitations of law as an instrument of social change?

A

Inability to resolve all conflicts, tendency to favor the privileged, vagueness, and clumsiness.

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19
Q

Name a social factor contributing to resistance to change?

A

Social Class

20
Q

Which form of dispute resolution combines elements from different methods, such as arbitration and mediation, to address a specific dispute?

A

Hybrid process

21
Q

Which specific dispute resolution process involves disputants selecting a retired judge to act as an arbitrator?

A

(RENT-A-JUDGE)-Arbitration| and part of Hybrid Process

22
Q

What specific process occurs when mediation fails to resolve a dispute, leading to a transition to arbitration?

A

Med-arb

23
Q

The Hybrid Process involves both ___________ and ____________. (in order of the question)

A

Arbitration and Mediation

24
Q

What is the clearer term for the critical investigation of events and experiences from the past?

A

Historical

25
Q

What would be considered examples of historical research?

A

Court records, Tax records and Journals

26
Q

What are the difficulties in using historical methods in the profession of law?

A

Info may be lost such as accuracy and presentation/thoroughness of available info

27
Q

What is the best method of collecting data to study a series of events?

A

Observational

28
Q

What is the best type of research experimental method to be determining numbers, ratios, and etc?

A

Survey

29
Q

What is the most effective approach for studying the norms, rules, and status within a group?

A

Interview

30
Q

What is the difference between a human being and a Mechanical Observer?

A

The distinction lies between a human being, who acts as a researcher, and a mechanical observer, which refers to any form of technology, such as a camera.

31
Q

What were the three functions of lawyers during the Middle Ages?

A

Agent, Advocate, and Jurisconsult

32
Q

What are the five stages in the process of the professionalization of law?

A

1.Became full-time occupations
2. Training schools established
3. Local professional associations started
4. State licensing laws
5. Formal codes of ethics established

33
Q

During the imperial period, which group of legal representatives evolved into juris prudentes before finally becoming practitioners of law?

A

Roman orators

34
Q

What were considered the three archetypical “learned” professions?

A

Law, Church, Medicine

35
Q

What does the word attorney mean?

A

An agent, or individual who acts or appears on behalf of someone else.

36
Q

What are the main methods for researching law in society?

A

Historical, Experimental, Observational, Survey

37
Q

What are the principal subgroups in the legal profession?

A

Lawyers in private practice
Lawyers in government service
Lawyers in private employment
Judiciary

38
Q

Which specific method is employed to measure the impact of individual variables on the dependent variable?

A

Experimental

39
Q

What does respondeat superior mean?

A

means that the employer is responsible/held liable for the actions of his or hers employees.

40
Q

What is the term that signifies the transformation of a nonprofessional occupation into a vocation, acquiring the attributes typically associated with a profession?

A

Professionalization

41
Q

What term refers to the architectural construction of new forms of social order and social interaction?

A

Planing

42
Q

What term defines the probability that a group of individuals will comply with specific commands from a given source?

A

Imperative coordination

43
Q

What are the requirements for a non-professional occupation to become professionalized?

A

Specialized techniques are supported by a body of theory.

A career supported by an association of colleagues.

Status supported by community recognition.

44
Q

What is the term for the legal framework that specifically regulates activities in cyberspace, with a focus on computers and broad Internet accessibility?

A

CyberSpace Law

45
Q
A