four and five BUL

Question 1

adversarial negotiation

Answer 1

each party seeks to maximize its own gain

Question 2

alternative dispute resolution (ADR)

Answer 2

resolution of legal disputes through methods other than litigation

Question 3

arbitration

Answer 3

the resolution of a dispute by a nuetral third party out side the judicial setting

Question 4

binding arbitration clause

Answer 4

a provisional in a contract that mandates that all disputes arising under the contract must be settled by arbitration

Question 5

med-arb

Answer 5

dispute resolution process in which the parties agree to start out in mediation and, if the mediation is unsuccessful on one or more points, also agree to move on to arbitration

Question 6

mediation

Answer 6

the disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute

Question 7

minitrial

Answer 7

involves a neutral third party. Lawyers for each side present their arguments before representatives and the neutral advisor, who then offers an opinion as to what the verdict would be if the case went to trial.

Question 8

negotiation

Answer 8

bargaining proces in which disputing parties interact informally, either without lawyers, to attemp to resolve their dispute

Question 9

private trial

Answer 9

a referee is selected and paid by the disputing parties to offer a legally binging judgment in a dispute

Question 10

problem solving negotiation

Answer 10

the parties seek joint gain

Question 11

submission agreement

Answer 11

a contract providing that a specific dispute will be resolved through arbitration

Question 12

summary jury trial

Answer 12

abbreviated trial that leads to a nonbinding jury verdict

Question 13

commerce clause

Answer 13

located in Article I, Section *, of the constitution. This clause states that the US Congres has the power to “regulate Commerce with foreign Nations, among the serveral States, and with Indian Tribes.”

Question 14

commercial speech

Answer 14

speech that conveys information related to the sale of goods and services

Question 15

concurrent authority

Answer 15

both governments have the power to regulate the same subject-matter

Question 16

contract clause

Answer 16

located in Article I, Section 9, staets that government may not pass any “law impairing the Obligation of the Contract.”

Question 17

dormant commerce clause

Answer 17

the restriction on states’ authority to pass laws that substantially affect interstate commerce

Question 18

due process clause

Answer 18

states that the government cannot deprive a person of life, liberty, or propery with out the due process of law

Question 19

equal protection clause

Answer 19

14th amendment. Prevents states from denying “the equal protection of the laws” to any citizen

Question 20

establishment clause

Answer 20

maintains that government “shall make no law respecting an establishment of religion.”

Question 21

federal preemption

Answer 21

state law is unconstitutional

Question 22

federalism

Answer 22

the authority to govern is divided between federal and state governments

Question 23

free-exercise clause

Answer 23

states that the government cannot make a law “prohibiting the free exercise” of religion.

Question 24

full faith and credit clause

Answer 24

Article IV, Section 1 states “Full Faith and Credit shall be given in each State to the public Acts, Records, and judic ial Proceedings of every other State.”

Question 25

intermediate scruntiny

Answer 25

the law is constitutional only if it is substantially related to an important government objective

Question 26

judicial review

Answer 26

courts review legislative and executive actions to determine whether they are constitutional

Question 27

police power

Answer 27

consists of the residential powers retained by each state to safegaurd the health and welfare of its citizenry.

Question 28

political speech

Answer 28

support political candidates or referenda

Question 29

privileges and immunities clause

Answer 29

prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities

Question 30

procedural due process

Answer 30

requires that the government uses fair procedures when taking the life, liberty, or property of an individual or corporation

Question 31

rational-basis test

Answer 31

courts ask whether there is any justifiable reason to believe that the classification scheme advances a legitimate government instrest

Question 32

search warrant

Answer 32

a court order that authorizes law enforcement agents to search for or seize items specifically descibed in the warrant

Question 33

strict scruntiny

Answer 33

if a law prevents individuals from exercising a fundamental right, or if the law’s classification scheme involves suspect classifications, the action will be subject to strict scrutiny

Question 34

substantive due process

Answer 34

refers to the basis fairness of laws that may deprove an individual of her life, liberty, or property.

Question 35

supremacy clause

Answer 35

(located in article VI of the constitution) provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land(“any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

Question 36

takings clause

Answer 36

when the government takes private property for public use, it must pay the owner just compensation, or fair market value, for his property