four and five BUL Flashcards
adversarial negotiation
each party seeks to maximize its own gain
alternative dispute resolution (ADR)
resolution of legal disputes through methods other than litigation
arbitration
the resolution of a dispute by a nuetral third party out side the judicial setting
binding arbitration clause
a provisional in a contract that mandates that all disputes arising under the contract must be settled by arbitration
med-arb
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
mediation
the disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute
minitrial
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.
negotiation
bargaining proces in which disputing parties interact informally, either without lawyers, to attemp to resolve their dispute
private trial
a referee is selected and paid by the disputing parties to offer a legally binging judgment in a dispute
problem solving negotiation
the parties seek joint gain
submission agreement
a contract providing that a specific dispute will be resolved through arbitration
summary jury trial
abbreviated trial that leads to a nonbinding jury verdict
commerce clause
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.”
commercial speech
speech that conveys information related to the sale of goods and services
concurrent authority
both governments have the power to regulate the same subject-matter
contract clause
located in Article I, Section 9, staets that government may not pass any “law impairing the Obligation of the Contract.”
dormant commerce clause
the restriction on states’ authority to pass laws that substantially affect interstate commerce
due process clause
states that the government cannot deprive a person of life, liberty, or propery with out the due process of law
equal protection clause
14th amendment. Prevents states from denying “the equal protection of the laws” to any citizen
establishment clause
maintains that government “shall make no law respecting an establishment of religion.”
federal preemption
state law is unconstitutional
federalism
the authority to govern is divided between federal and state governments
free-exercise clause
states that the government cannot make a law “prohibiting the free exercise” of religion.
full faith and credit clause
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.”
intermediate scruntiny
the law is constitutional only if it is substantially related to an important government objective
judicial review
courts review legislative and executive actions to determine whether they are constitutional
police power
consists of the residential powers retained by each state to safegaurd the health and welfare of its citizenry.
political speech
support political candidates or referenda
privileges and immunities clause
prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities
procedural due process
requires that the government uses fair procedures when taking the life, liberty, or property of an individual or corporation
rational-basis test
courts ask whether there is any justifiable reason to believe that the classification scheme advances a legitimate government instrest
search warrant
a court order that authorizes law enforcement agents to search for or seize items specifically descibed in the warrant
strict scruntiny
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
substantive due process
refers to the basis fairness of laws that may deprove an individual of her life, liberty, or property.
supremacy clause
(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.”
takings clause
when the government takes private property for public use, it must pay the owner just compensation, or fair market value, for his property
