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Unit I Asses
The benefits of alternative dispute resolution over civil litigation that are generally recognized include that alternative dispute resolution:
|is required by trial courts before civil litigation can proceed.|
|results in higher recoveries for injured parties than in civil litigation.|
|results in a resolution of the dispute that is acceptable to all parties involved.|
|is faster and less expensive than civil litigation.|
What is the foundation of all laws in the United States and the source of law in the United States that overrules all federal, state, and local laws that conflict with it?
|Declaration of Independence|
|Model or uniform laws|
|Treaties that have been approved by the U.S. Senate|
What is the common law?
|The laws involving the rights and responsibilities in the relationships between private persons and private business organizations|
|State laws that apply to all citizens of the state|
|Laws that involve disputes between private individuals|
|The collection of legal interpretations of laws made by judges in the cases that they decide|
What is the legal concept that rulings made by the highest courts must be followed by lower courts in future cases?
|Restatement of the law|
All states have a court of last resort in their state court system, often called the Supreme Court, but approximately half the states:
|call that court the Court of Final Appeals.|
|do not allow that court to consider cases involving state officials.|
|do not have an intermediate appellate court between the trial court and the Supreme Court.|
|allow the U.S. Supreme Court to overrule the court of last resort in the state.|
The trial courts in the federal court system (i.e., the U.S. district courts) are courts of general jurisdiction, which means the courts have the:
|authority to consider a wide range of cases and to grant almost any legal or ethical remedy.|
|power to consider any case that is assigned to them by an intermediate appellate court.|
|power to consider any civil case but no criminal cases.|
|authority to make final decisions in cases that cannot be reviewed by other courts.|
What is a binding arbitration clause?
|A clause in a contract that is unenforceable because it is viewed by courts as unconscionable|
|A clause in a contract that requires that arbitrators who resolve disputes arising under the contract to be selected from the American Arbitration Association|
|A clause in a contract that provides that the parties are bound to perform their obligations under the contract whether ordered by an arbitrator or not|
|A clause in a contract that provides that disputes that arise under the contract will be resolved through arbitration and that the decision by the arbitrator will be binding and must be accepted by both parties to the contract|
What is the National Conference of Commissioners on Uniform State Laws?
|A group of experts who develop laws for states to adopt so that laws on specific subjects will be the same from state to state|
|An organization made up of representatives from the legislatures in each state that negotiates changes to state laws intended to standardize state laws|
|A committee of the U.S. Congress whose purpose is to propose how differences in state laws can be resolved|
|A committee of the American Bar Association whose purpose is to recommend to the U.S. Congress how differences in state laws can be eliminated|
When the parties to a dispute select a neutral third party to help facilitate a discussion of possible resolutions of a dispute, the parties have engaged in:
What is an executive order?
|A statement from the president that a specific person has been appointed to a federal government office|
|A statement from the president that a specific law should not be enforced because the law is unconstitutional|
|A statement from the president on how he or she interprets a new law|
|A statement from the president instructing a federal administrative agency on how to enforce or administer a law|
In arbitration, the parties to the dispute select an independent arbitrator who hears evidence from both parties and decides how the dispute should be resolved. In civil litigation, a judge or jury hears the evidence from both parties and decides how the dispute should be resolved. What are the differences between arbitration and civil litigation? Why is one approach better than the other approach to resolving disputes? Your response must be at least 75 words in length.
One source of law in the United States is case law, sometimes called common law, which is based on the decisions of courts. The decision of a court resolves the dispute in the particular case that is in the court, but how can decisions of courts create a source of laws that apply beyond the case in which the decision was rendered? Your response must be at least 75 words in length.