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SOSC 2350 EXAM REVIEW (long).docx

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York University
Social Science
SOSC 2350
Tanja Juric

SOSC 2350 EXAM REVIEW1According to research the more lawyers there are the greater the quantity of litigation Why is this the case According to research the more lawyers there are the greater the quantity of litigation Implies that there are economic incentives for lawyers to suggest a legal intervention Vago Popularity of lawrelated programming Vago Factors for increased litigation Vagoo Social DevelopmentSocial Development and changes in the structure of society bring about increased reliance on courts to process disputesThe less developed a society the easier to settle a conflict informally as a result of more or less stable and enduring relationships amongst individualso CostBenefit CalculationsSome disputants ponder the decision to use the courts very objectively and rationally ie Will I prevail What will the judgement should I win What will it mean to me in practical terms if I lose Will the end result justify the amount of time and effort required to pursue this conflictFor others resorting to courts may be an act that has a less quantifiable objective ie vindication vengeance closureo Increases in the Creation of More Legally Actionable Rights and Remedies by Legislatures and CourtsThe growing scope of law increases litigation implicitly or explicitly by expanding the jurisdiction of the courtsWith the creation of new norms courts perhaps unintentionally promote disputing2Provide two reasons illustrating why it is more appropriate to speak of dispute processing rather than dispute resolution The law only settles the legal components of disputesIt cannot resolve the underlying causes of conflicts VagooMany court decisions simply lead to new disputesoIf the conflicting forces that provoked the initial dispute are unresolved the court provides the new terrain on which further disputes may ariseo Disputing is a practice that is shaped in part by lawo Therefore more accurate to say that law is involved in processing rather than resolving disputesProcess is a neutral term that does not assume resolution3Name two benefits of litigation ie where litigation can serve as an impetus for progressive reforms Name two negative outcomes of increased litigation
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