LAWS 1000 Final: LAWS1000Q_Introduction to Legal studies-semester 2_Steve Tasson_Winter 2010( Full sets of class notes, good luck on exams)
13 Mar 2012
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Lecture #1 - the formal adjudication process &the court system. Dispute resolution: v&n: settlement (resolved) vs dispute processing/management . Family law- i should be able to order my family as best i can ( do my own negotiation). : community-based (eg shaming) vs. ritualized (court process) goal same = resolution, shaming is becoming more popular ex. Lempert (mnookin"s shadow : establish norms- channel conflicts, ratify private agreements (eg. divorce/custody, cost of court pressure to settle, educative function clarify issues/ conflict, facilitate communication, provide example- partial resolve. Adversarial: a procedural system in which the parties and not the judge have the primary responsibility for defining the issues in dispute and carrying them forward through the system (213 reader) one of 2 parties, battling for winning. Inquisitorial: the court, or part of the court, has an active role in uncovering facts in the case (e. g. investigating magistrates )
