Exam 1 Review
1. Equal Protection Clause
a. A clause which provides that a state cannot “deny to any person within its jurisdiction the equal protection of the laws”
b. Prohibits state, local, and federal governments from enacting laws that classify and treat
“similarly situated” persons differently
c. Standards of Review
2. Types of Alternative Dispute Resolution (ADR)
a. Negotiation
i. A procedure whereby the parties to a dispute engage in discussions and bargaining to try to reach a voluntary settlement of their dispute ii. A settlement agreement is drafted that contains the terms of the agreement
b. Arbitration
i. A form of ADR in which the parties choose an impartial third party to hear and decide the dispute ii. Federal Arbitration Act: A federal statute that provides for the enforcement of most arbitration agreements iii. Binding arbitration – Parties agree in advance to be bound by the arbitrator’s decision and remedy iv. Nonbinding arbitration – The decision and award of the arbitrator can be appealed to the courts
c. Mediation
i. A form of alternative dispute resolution in which the parties use a mediator to propose a settlement of their dispute ii. If the parties agree to a settlement, a settlement agreement is drafted that expresses their agreement iii. If an agreement is not reached, the parties may proceed to a judicial resolution of their case
d. Minitrial
i. A voluntary private proceeding in which lawyers for each side present a shortened version of their case to the representatives of both sides ii. Fact-finding iii. The parties to a dispute employ a neutral third party to act as a fact-finder to investigate the dispute
e. Judicial Referee
i. The court appoints a judicial referee to conduct a private trial and render a judgment ii. Referees have most of the same powers as trial judges iii. Referees’ decisions stand as judgments of the court
3. Litigation Process
a. Pretrial Litigation Process
i. Pleadings
1. The
a. A clause which provides that a state cannot “deny to any person within its jurisdiction the equal protection of the laws”
b. Prohibits state, local, and federal governments from enacting laws that classify and treat
“similarly situated” persons differently
c. Standards of Review
2. Types of Alternative Dispute Resolution (ADR)
a. Negotiation
i. A procedure whereby the parties to a dispute engage in discussions and bargaining to try to reach a voluntary settlement of their dispute ii. A settlement agreement is drafted that contains the terms of the agreement
b. Arbitration
i. A form of ADR in which the parties choose an impartial third party to hear and decide the dispute ii. Federal Arbitration Act: A federal statute that provides for the enforcement of most arbitration agreements iii. Binding arbitration – Parties agree in advance to be bound by the arbitrator’s decision and remedy iv. Nonbinding arbitration – The decision and award of the arbitrator can be appealed to the courts
c. Mediation
i. A form of alternative dispute resolution in which the parties use a mediator to propose a settlement of their dispute ii. If the parties agree to a settlement, a settlement agreement is drafted that expresses their agreement iii. If an agreement is not reached, the parties may proceed to a judicial resolution of their case
d. Minitrial
i. A voluntary private proceeding in which lawyers for each side present a shortened version of their case to the representatives of both sides ii. Fact-finding iii. The parties to a dispute employ a neutral third party to act as a fact-finder to investigate the dispute
e. Judicial Referee
i. The court appoints a judicial referee to conduct a private trial and render a judgment ii. Referees have most of the same powers as trial judges iii. Referees’ decisions stand as judgments of the court
3. Litigation Process
a. Pretrial Litigation Process
i. Pleadings
1. The