LEGL studies Chapters 5 and 6 vocab
LEGL studies Chapters 5 and 6 vocab LEGL2800H
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This 3 page Class Notes was uploaded by Ford on Friday January 29, 2016. The Class Notes belongs to LEGL2800H at University of Georgia taught by Dr. Pagnattaro in Winter 2016. Since its upload, it has received 26 views. For similar materials see Legal Studies in Law and Legal Studies at University of Georgia.
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Date Created: 01/29/16
Chapters 5 and 6 LEGL Vocab CHAPTER 5: Conflict the common occurrence in life when two or more points of view exist Dispute the circumstance hen a party in conflict claims the right to do or have something and the other party denies, rejects, or ignores the claim. Negotiation the process used to persuade or coerce someone to do or stop doing something. Settlement an agreedupon resolution to a dispute Focus groups a group acting as a mock jury; attorneys present cases to such a group to get the members’ feedback on the merits of the various arguments presented Arbitration submission of a dispute to an extrajudicial authority for decision Arbitrator the individual or panel members authorized by disputing parties to resolve a dispute through the arbitration process. Submission the act or process of referring an issue to arbitration Voluntary arbitration a method of resolving a dispute, as an alternative to litigation, which the parties agree to utilize. This agreement may be made before or after the dispute arises. Mandatory arbitration a form of resolving a dispute, as an alternative to litigation, which is required by a statute. Award the decision announced by the arbitrator. Predispute arbitration clause applicable to ADR systems agreed to by contracting parties prior to a dispute arising; usually this clause is a part of the original contract between parties. Postdispute arbitration agreement can be applicable to arbitration, mediation, or other methods of ADR; such a clause is signed by parties that are already in dispute. De novo judicial review a proceeding wherein the judge or hearing officer hears the case as if it had not been heard before Mediation alternative to litigation whereby a third party attempts to assist the disputing parties in reaching a settlement. The third party mediator lacks authority to impose on the parties a binding solution to that dispute Mediator an individual who assists disputing parties in their efforts to resolve their differences. Mediators must rely on their persuasive abilities since they have no authority to settle the dispute. Caucus the name used for a private meeting between a mediator and one of the parties involved in mediation. MedArb an abbreviation for an alternative dispute resolution system that involves parties going through mediation and agreeing to resolve as many issues as possible. These parties agree that any matters not resolved in the mediation process will then be arbitrated. CHAPTER 6: Separation of powers the doctrine that holds that the legislative, executive, and judicial branches of government function independently of one another and that each branch serves as a check on the others Federalism a term used to describe the vertical aspect of the separation of powers. The coexistence of a federal government and the various state governments, with each having responsibilities and authorizes that are distinct, but overlap, is called federalism Supremacy clause Article VI of the US constitution that states that the constitution, laws, and treaties of the US shall be the “supreme law of the land” and shall take precedence over conflicting laws. Preemption a condition when a federal statute or administrative rule governs an issue to the extent that a state or local government is prohibited from regulating that area of law. Commerce clause a provision in article I, section 8, of the US Constitution that grants the federal government the power to regulate business transaction Contract clause the constitutional provision that prohibits states from enacting laws that interfere with existing contracts. The Supreme Court has refused to interpret this clause in an absolute manner Establishment clause a provision in the first amendment of the US constitution that prohibits the federal government from establishing any government supported religion or church Free exercise clause a provision in the first amendment of the US constitution that allows all citizens the freedom to follow or believe any religious teachings Symbolic speech nonverbal expression Obscenity a category of speech not protected by the first amendment Overbreadth doctrine a principle used by courts to invalidate legislation that is broader in scope than is necessary to regulate an activity. This doctrine may be utilized to protect constitutional rights, such as freedom of speech, against a wide sweep of some governmental action. Commercial speech speech that has a business oriented purpose. This speech is protected under the first amendment, but this protection is not as great as that afforded to noncommercial speech. Prior restraints a principle applicable under the freedom of press and speech clauses of the First Amendment of the US Constitution. The courts have announced the decisions that encourage governments to allow the publication or expression of thoughts rather than to restrain such thoughts in advance of their publication or expression Defamation the publication of anything injurious to the good name or reputation of another Libel a defamatory written statement communicated to a third party Eminent domain the government’s constitutional power to take private property for public use upon the payment of just compensation Due process clause a provision found in the Fifth and Fourteenth amendments of the US constitution. This clause assures all citizens of fundamental fairness in their relationship with the government. Equal protection clause a provision in the fourteenth amendment of the US constitution that requires all citizens to be treated in a similar manner by the government unless there is a sufficient justification for the unequal treatment. Procedural due process the process of procedure ensuring fundamental fairness that all citizens are entitled to under the US Constitution Strict scrutiny a legal test used by courts to test the validity of governmental action, such as legislation, under the equal protection clause of the US Constitution. To satisfy this test, the government needs to demonstrate that there is a compelling state interest justifying the government’s action Minimum rationality a legal test used by courts to test the validity of governmental action, such as legislation, under the equal protection clause of the US Constitution. To satisfy this test, the government needs to demonstrate that there is a good reason for the government’s action. Quasistrict scrutiny a legal test used by courts to test the validity of governmental action, such as legislation, under the equal protection clause of the US Constitution. To satisfy this test, the government needs to demonstrate that the purpose of the action is substantially related to an important governmental objective.
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