Legal Proceedings
Prosecutorial discretion
A key advantage of using arbitration as a method of dispute resolution.
faster
less expensive
The U.S. Congress has the power to establish agencies for the federal government, given to it by which clause in the Constitution
Necessary and Proper Clause
phase of litigation does a party petition for a writ of certiorari
Appellate
In the rulemaking process, what is the role of the advance notice of proposed rulemaking provided by the government agency?
It is a formal request for public input on potential regulatory issues before a rule is proposed
Each party pays their own legal fees in a civil case.
“American Rule,”
Alternative Dispute Resolution (ADR) process involves a neutral third party who renders a binding decision.
Arbitration
the primary process by which government agencies create regulations
Public comment and rulemaking
Gathering evidence and information from both parties takes place during this stage.
Discovery phose
the usual minimum time period for the public to provide comments for a proposed agency rule
30 days
An agreement between an attorney and their client under which the attorney is paid when there is a monetary award granted to the client is known as a
Contingency fee arrangement
The parties in the dispute reach a mutually acceptable agreement between themselves.
negociation
To allow affected parties and the public to provide input on proposed regulations
notice-and-comment process in rulemaking
A civil wrong or injury
Tort
The ability of a federal agency to adopt rules to advance the federal laws it is empowered to enforce as known as
Substantive rulemaking
what is the formal written complaint that initiates a lawsuit
pleading
What are the best initial steps to take when resolving a contract dispute?
negociation and direct communication
Whose primary purpose is to establish procedures for the rulemaking and adjudicatory functions of administrative agencies
Administrative Procedure Act (APA)
Is Truth is an absolute defense in defamation lawsuits.
YES
The purpose of this law is to promote transparency and openness in government operations
Government in the Sunshine Laws
The party in a civil lawsuit is responsible for initiating the legal action by filing a complaint.
Plaintiff
Which type of formal dispute resolution can someone use to resolve the intellectual property dispute?
Lawsuit for an injunction and damages.
The legal principle allows a court to set aside an agency's decision if it is found to be arbitrary, capricious, or an abuse of discretion
Arbitrary and capricious standard
A ______________ law provides immunity to individuals who render aid in emergency situations, even if their actions result in further harm.
"Good Samaritan"
federal law establishes the right of the public to access certain federal agency records, subject to exemptions
Freedom of Information Act