test 3

Question 1

What is ADR?

Answer 1

The process of handling legal issues outside of court

Question 2

What is Lumping?

Answer 2

When someone is injured in any sort of way but instead of going through third parties they do nothing to the injurer and rely on their own resources

Question 3

What is Claiming?

Answer 3

When the injured activly pursues the injurer to provide some sort of remedy and compensation that may go through legal process

Question 4

What are the types of ADR?

Answer 4

Negotiation
Mediation and Conciliation
Arbitration
Adjudication

Question 5

Negotiation

Answer 5

the process in which the two parties attempt to resolve the issue without the presence of a third party

Question 6

Mediation

Answer 6

a neutral third party is asked to meet both of the parties to try and resolve the conflict.
Third parties job is to help both parties come up with solutions that satisfy both (interested based)

Question 7

Conciliation

Answer 7

Conciliation is where a third party is set up to be a messenger between both the parties if they don’t or can’t meet irl, same as mediation

Question 8

Arbitration

Answer 8

an neutral third party is chosen by both parties to review evidence for both than decides a decision after listening to either

Question 9

Adjudication

Answer 9

rights based mediation and legal rights based off legislation and law

Question 10

Informal social control

Answer 10

The ways society regulates itself without the need for laws and policies- enforced by public ridicule, gossip or praise. EX: wearing dinosaur costume at wedding

Question 11

Formal social control

Answer 11

Occurs when societies create laws and policies that clearly define deviant behaviour, basis for disciplining people who do it and deterring people from doing it

Question 12

labelling theory

Answer 12

The way the criminal justice system labels people as criminals or deviants leading them to further act in those ways as they are shunned by society so they self-fulfill their own label

Question 13

Karl Marx 3 types of power

Answer 13

Economic power
Social power
Political power

Question 14

Karl Marx 3 types of authority

Answer 14

Traditional
Charismatic
Legal rațional

Question 15

Access to justice

Answer 15

middle class and lower class people have less “justice” and how they have less power and financial power to get a good lawyer and access into more “justice”

Question 16

What are the advantages of mediation?

Answer 16

generally less time consuming, complicated, and less expensive compared to litigation or arbitration

Question 17

What are the disadvantages to midiation

Answer 17

All parties must agree to a resolution as the result is not guaranteed;
Can be difficult if either party are withholding information;
Mediation may not be appropriate if one of the parties required public disclosure

Question 18

What are the advantages of Litigation?

Answer 18

Cost, The judge decides on issues as he or she deems “fair.” Right to appeal, Potential for a predictable outcome

Question 19

What is Litigation?

Answer 19

the act, process, or practice of settling a dispute in a court of law

Question 20

What is the Disadvantages of Litigation

Answer 20

can be a lengthy process, can damage relationships and be impersonal.

Question 21

What are the advantages of Arbitration?

Answer 21

Efficient and Flexible, Less Complicated, Privacy, Impartiality

Question 22

What are the disadvantages of Arbitration?

Answer 22

Questionable Fairness, Finality: No appeals, Can be more expensive, Unpredictability

Question 23

What are the Advantages of Adjudication?

Answer 23

Quick, Cost-effective and relatively inexpensive, Enforceable

Question 24

What are the disadvantages of Adjudication?

Answer 24

costs are typically not refundable as expenses, a dispute can be referred ‘at any time’, they can come from out of the blue and the opposing party can feel ‘hijacked’, especially where the dispute is high value and complex

Question 25

What are the advantages of Conciliation?

Answer 25

flexible alternative, reserves the freedom of the parties to withdraw from conciliation without prejudice to their legal position, cost-effective and produces quicker resolution of dispute.

Question 26

What are the disadvantages of Conciliation?

Answer 26

it relies on the parties accepting the authority of the conciliator and wanting to achieve a resolution.