Final Exam Flashcards
What type of litigant uses the court occasionally?
One-Shotter
What process combines the roles of mediator and investigator?
Ombudsman Process
Which legal term emphasizes disputants attempting to resolve their disagreements without the intervention of a third party?
Negotiation
Which legal term involves the intervention of a neutral third party to facilitate the resolution of a dispute?
Mediation
What kind of legal action deals with harm or loss due to civil wrongs?
Tort litigation
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?
Arbitration
What is the formal and public process for resolving disputes, exemplified by methods like litigation in a court?
Adjudication
What is the term that describes the persistence of a dispute without involving a neutral third party or actively seeking resolution?
Lumping it
What category can terms like “dueling,” “rituals,” and “feuding” be considered as types of?
Dispute Resolution
What term refers to conflicts or disagreements that arise between individuals and organizations?
Disputes Between Individuals and Organizations
What is the process of dealing with and managing disputes, whether through formal or informal methods?
Dispute processing
What is the term for reaching a resolution or settlement in a dispute between the parties involved?
Dispute Settlement
Law is an instrument for what form of change?
Social Change
Is the relationship between law and social change unidirectional or reciprocal?
Reciprocal, with both influencing each other.
Provide an example of law reacting to social change?
The Civil Rights movement of 1964.
What do some scholars argue regarding law and social change?
Some argue that law reacts to social change.
Provide an example of law creating social change?
Post-WWII legal changes shifting Eastern-bloc countries to a socialist society.
What are the limitations of law as an instrument of social change?
Inability to resolve all conflicts, tendency to favor the privileged, vagueness, and clumsiness.