Final Exam Flashcards

(45 cards)

1
Q

What type of litigant uses the court occasionally?

A

One-Shotter

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2
Q

What process combines the roles of mediator and investigator?

A

Ombudsman Process

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3
Q

Which legal term emphasizes disputants attempting to resolve their disagreements without the intervention of a third party?

A

Negotiation

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4
Q

Which legal term involves the intervention of a neutral third party to facilitate the resolution of a dispute?

A

Mediation

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5
Q

What kind of legal action deals with harm or loss due to civil wrongs?

A

Tort litigation

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6
Q

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?

A

Arbitration

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7
Q

What is the formal and public process for resolving disputes, exemplified by methods like litigation in a court?

A

Adjudication

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8
Q

What is the term that describes the persistence of a dispute without involving a neutral third party or actively seeking resolution?

A

Lumping it

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9
Q

What category can terms like “dueling,” “rituals,” and “feuding” be considered as types of?

A

Dispute Resolution

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10
Q

What term refers to conflicts or disagreements that arise between individuals and organizations?

A

Disputes Between Individuals and Organizations

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11
Q

What is the process of dealing with and managing disputes, whether through formal or informal methods?

A

Dispute processing

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12
Q

What is the term for reaching a resolution or settlement in a dispute between the parties involved?

A

Dispute Settlement

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13
Q

Law is an instrument for what form of change?

A

Social Change

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14
Q

Is the relationship between law and social change unidirectional or reciprocal?

A

Reciprocal, with both influencing each other.

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15
Q

Provide an example of law reacting to social change?

A

The Civil Rights movement of 1964.

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16
Q

What do some scholars argue regarding law and social change?

A

Some argue that law reacts to social change.

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17
Q

Provide an example of law creating social change?

A

Post-WWII legal changes shifting Eastern-bloc countries to a socialist society.

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18
Q

What are the limitations of law as an instrument of social change?

A

Inability to resolve all conflicts, tendency to favor the privileged, vagueness, and clumsiness.

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19
Q

Name a social factor contributing to resistance to change?

20
Q

Which form of dispute resolution combines elements from different methods, such as arbitration and mediation, to address a specific dispute?

A

Hybrid process

21
Q

Which specific dispute resolution process involves disputants selecting a retired judge to act as an arbitrator?

A

(RENT-A-JUDGE)-Arbitration| and part of Hybrid Process

22
Q

What specific process occurs when mediation fails to resolve a dispute, leading to a transition to arbitration?

23
Q

The Hybrid Process involves both ___________ and ____________. (in order of the question)

A

Arbitration and Mediation

24
Q

What is the clearer term for the critical investigation of events and experiences from the past?

25
What would be considered examples of historical research?
Court records, Tax records and Journals
26
What are the difficulties in using historical methods in the profession of law?
Info may be lost such as accuracy and presentation/thoroughness of available info
27
What is the best method of collecting data to study a series of events?
Observational
28
What is the best type of research experimental method to be determining numbers, ratios, and etc?
Survey
29
What is the most effective approach for studying the norms, rules, and status within a group?
Interview
30
What is the difference between a human being and a Mechanical Observer?
The distinction lies between a human being, who acts as a researcher, and a mechanical observer, which refers to any form of technology, such as a camera.
31
What were the three functions of lawyers during the Middle Ages?
Agent, Advocate, and Jurisconsult
32
What are the five stages in the process of the professionalization of law?
1.Became full-time occupations 2. Training schools established 3. Local professional associations started 4. State licensing laws 5. Formal codes of ethics established
33
During the imperial period, which group of legal representatives evolved into juris prudentes before finally becoming practitioners of law?
Roman orators
34
What were considered the three archetypical "learned" professions?
Law, Church, Medicine
35
What does the word attorney mean?
An agent, or individual who acts or appears on behalf of someone else.
36
What are the main methods for researching law in society?
Historical, Experimental, Observational, Survey
37
What are the principal subgroups in the legal profession?
Lawyers in private practice Lawyers in government service Lawyers in private employment Judiciary
38
Which specific method is employed to measure the impact of individual variables on the dependent variable?
Experimental
39
What does respondeat superior mean?
means that the employer is responsible/held liable for the actions of his or hers employees.
40
What is the term that signifies the transformation of a nonprofessional occupation into a vocation, acquiring the attributes typically associated with a profession?
Professionalization
41
What term refers to the architectural construction of new forms of social order and social interaction?
Planing
42
What term defines the probability that a group of individuals will comply with specific commands from a given source?
Imperative coordination
43
What are the requirements for a non-professional occupation to become professionalized?
Specialized techniques are supported by a body of theory. A career supported by an association of colleagues. Status supported by community recognition.
44
What is the term for the legal framework that specifically regulates activities in cyberspace, with a focus on computers and broad Internet accessibility?
CyberSpace Law
45