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Lecture 6

SOC323-Lecture 6.docx

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Department
Sociology
Course
SOC323H5
Professor
Reza Barmaki
Semester
Winter

Description
SOC323-Lecture 6 Feb 25, 2013 -Final exam is from here Dispute Resolution  A major function of law  Process of resolving disputes between conflicting parties  A party: is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law Methods of Dispute Resolution  1) Adjudicative  Coercive submission of one party  Judge decides after reviewing evidence, argumentation, legal reasoning  Main for: lawsuits (litigation)  2) Consensual  Alternative dispute resolution, ADR  Voluntary, law-bound settlements outside courts  Main forms: arbitration, collaborative law, mediation, conciliation, negotiation, facilitation  3) Violent  Feuds, retaliation Adjudicative  Lawsuit: civil action brought before a court  Through private law: regulates relationship between private individuals  Individuals, businesses, non-profit organizations, the state  The state:  Treated as through it were a private party  Plaintiff or defendant  Key terms:  By a party (plaintiff, claimant, complainant) who claims to have received damages from an individual’s or legal entity’s action (defendant)  Plaintiff: seeks a legal or equitable remedy  Defendant: has to respond to the plaintiff’s complaint  If the plaintiff is successful:  Judgment will be given in the plaintiff’s favour  Court orders issues enforce a right, award damages, impose an injunction to prevent or compel an act Features of the Court System  1) Open and public (democratic demand: no secret)  Defendant has the right to be present at their trials  Improved quality of evidence, witnesses are more likely to tell the truth  2) Adversarial system  A contest/battle between two self-interested parties  a) Impartial Judge/Jury  b) Parties decide how to pursue their interests  c) Presumption of innocence  d) Defendant has the right to confront their accuser  e) Final decision must be based on evidence only  3) Jury System  Assesses evidence, apply the law and issue a verdict  Represent communal good sense & conscience  Impede governmental tyranny  4) Parties must follow established rules How to determine which cases can go to court?  A) Justicability  Judge made rules and principles  Delineating scope of judicial intervention in social. Political and economic life  If a subject-matter is held to be suitable for judicial determination  B) Standing  Be judge to determine if an actual adversarial issue exists  If the party has actually a case  The party must establish standing  C) Law does not concern itself with triffles  De minimus: about minimal things  Trivial matters cannot be litigated  Example: suing a student for copyright infringement because he/she photocopied a book entirely 2) Consensual  A) Negotiation  With our without representatives (lawyers)  Usually between two people, or lawyer as third party  Dialogue intended to: resolve a dispute/produce an agreement/ba
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