BLAW 310-Test 2 question with answers
Alternative Dispute Resolution - -Resolution of disputes in ways other than those
involved in the traditional judicial process, such a negotiation, mediation, or
arbitration.
-Negotiation - -A process in which parties attempt to settle their dispute informally
with or without attorneys to represent them
-Mediation - -A method of settling disputes outside the courts by using the services
of a neutral third party, who acts as a communicating agent between the parties
and assists them in negotiating a settlement *third party involved
-Arbitration - -The settling of a dispute by submitting it to a disinterested third party
who renders a decision *third party involved
-Award - -Arbitrators decision
-Court will set aside an award if: (3) - -1. Arbitrators conduct substantially
prejudiced the rights of one of the parties
2. The award violates an establish public policy
3. The arbitrator exceeded her or his powers
-Arbitration Clause - -A clause in a contract that provides that, in the event of a
dispute, the parties will submit the dispute to arbitration rather than litigate the
dispute in court
-Federal Form of Government - -A system of government in which that states form
a union and the sovereign power is divided between the central government and
the member states (national gov and states share power)
-Checks and Balances - -The principle under which the powers of the national
government are divided among three separate branches (executive, judicial, &
legislative) each of which exercises a check on the actions of the others
-Checks and Balances exercising a check on others, how? (3) - -1. Legislative
enacts a law, executive (president) can veto if unconstitutional
2. Executive branch is responsible for foreign affairs, may require consent of Senate
3. Congress determines jurisdiction of federal courts, judicial branch can hold
actions of other two branches as unconstitutional
-Commerce Clause - -Provision in Article I Section 8 of US Constitution, gives
Congress the power to regulate interstate commerce
-Police Powers - -Powers possessed by the states as part of their inherent
sovereignty. These powers may be exercised to protect or promote the public order,
health, safety, morals, and general welfare
, -Supremacy Clause - -Requirement in Article VI of US Constitution that provides
that the Constitution, laws, and treaties of the US are "the supreme law of the
Land."
-Preemption - -A doctrine in which certain federal laws preempt, or take
precedence over, conflicting state or local laws
-Bill of Rights - -First ten amendments to US Constitution
-Symbolic Speech - -Nonverbal expressions of beliefs, which include gestures,
movements, and articles of clothing, that are given substantial protection by the
courts
-First Amendment - -Freedom of Speech
Freedom of Religion
-Compelling Government Interest - -A test on constitutionality that requires the
government to have convincing reasons for passing any law that restricts
fundamental rights, such as free speech or distinguishes among people based on a
suspect trait
-Filtering Software - -A computer program that is designed to block access to
certain Websites based on their content
-Unprotected Speech - -includes fighting words or words that are likely to incite
others to respond violently
-Meta Tag - -A key word in a document that can serve as an index reference to the
document
-Establishment Clause - -The provision in the First Amendment that prohibits the
government from establishing any state-sponsored religion or enacting any law that
promotes religion or favors one religion over another
-Free Exercise Clause - -Provision in First Amendment that prohibits the
government from interfering with peoples religious practices or forms of worship
-Due Process Clause - -Provisions in the 5th and 14th amendment, guarantees that
no person shall be deprived of life, liberty, or property without due process of law.
-Procedural Due Process - -requires that any government decision to take life,
liberty, or property must be made fairly
-Substantive Due Process - -focuses on the content of legislation rather than the
fairness of procedures; limits that the government may of in its legislative and
executive capacities
-Equal Protection Clause - -The provision in the 14th amendment that requires state
governments to treat similarly situated individuals in a similar manner
Alternative Dispute Resolution - -Resolution of disputes in ways other than those
involved in the traditional judicial process, such a negotiation, mediation, or
arbitration.
-Negotiation - -A process in which parties attempt to settle their dispute informally
with or without attorneys to represent them
-Mediation - -A method of settling disputes outside the courts by using the services
of a neutral third party, who acts as a communicating agent between the parties
and assists them in negotiating a settlement *third party involved
-Arbitration - -The settling of a dispute by submitting it to a disinterested third party
who renders a decision *third party involved
-Award - -Arbitrators decision
-Court will set aside an award if: (3) - -1. Arbitrators conduct substantially
prejudiced the rights of one of the parties
2. The award violates an establish public policy
3. The arbitrator exceeded her or his powers
-Arbitration Clause - -A clause in a contract that provides that, in the event of a
dispute, the parties will submit the dispute to arbitration rather than litigate the
dispute in court
-Federal Form of Government - -A system of government in which that states form
a union and the sovereign power is divided between the central government and
the member states (national gov and states share power)
-Checks and Balances - -The principle under which the powers of the national
government are divided among three separate branches (executive, judicial, &
legislative) each of which exercises a check on the actions of the others
-Checks and Balances exercising a check on others, how? (3) - -1. Legislative
enacts a law, executive (president) can veto if unconstitutional
2. Executive branch is responsible for foreign affairs, may require consent of Senate
3. Congress determines jurisdiction of federal courts, judicial branch can hold
actions of other two branches as unconstitutional
-Commerce Clause - -Provision in Article I Section 8 of US Constitution, gives
Congress the power to regulate interstate commerce
-Police Powers - -Powers possessed by the states as part of their inherent
sovereignty. These powers may be exercised to protect or promote the public order,
health, safety, morals, and general welfare
, -Supremacy Clause - -Requirement in Article VI of US Constitution that provides
that the Constitution, laws, and treaties of the US are "the supreme law of the
Land."
-Preemption - -A doctrine in which certain federal laws preempt, or take
precedence over, conflicting state or local laws
-Bill of Rights - -First ten amendments to US Constitution
-Symbolic Speech - -Nonverbal expressions of beliefs, which include gestures,
movements, and articles of clothing, that are given substantial protection by the
courts
-First Amendment - -Freedom of Speech
Freedom of Religion
-Compelling Government Interest - -A test on constitutionality that requires the
government to have convincing reasons for passing any law that restricts
fundamental rights, such as free speech or distinguishes among people based on a
suspect trait
-Filtering Software - -A computer program that is designed to block access to
certain Websites based on their content
-Unprotected Speech - -includes fighting words or words that are likely to incite
others to respond violently
-Meta Tag - -A key word in a document that can serve as an index reference to the
document
-Establishment Clause - -The provision in the First Amendment that prohibits the
government from establishing any state-sponsored religion or enacting any law that
promotes religion or favors one religion over another
-Free Exercise Clause - -Provision in First Amendment that prohibits the
government from interfering with peoples religious practices or forms of worship
-Due Process Clause - -Provisions in the 5th and 14th amendment, guarantees that
no person shall be deprived of life, liberty, or property without due process of law.
-Procedural Due Process - -requires that any government decision to take life,
liberty, or property must be made fairly
-Substantive Due Process - -focuses on the content of legislation rather than the
fairness of procedures; limits that the government may of in its legislative and
executive capacities
-Equal Protection Clause - -The provision in the 14th amendment that requires state
governments to treat similarly situated individuals in a similar manner
