Law Notes

Law 3800, Week Three Study Slides, Slide One

NOTE:

A substantial portion of the material for these Slides will come from lecture. Where you can, complete the slides based upon your reading of the textual material.

Explain the role of an attorney in the American legal system by defining these terms as discussed in class:

Litigator

Adversarial System

Inquisitorial System

Compare and contrast the role of an attorney in the English and American systems based upon our class discussion:

How does a solicitor differ from a barrister in the English system?

Week Three, Slide Two

How does this compare and contrast with the functions of an American attorney?

List the factors in selecting an attorney as discussed in class:

Specialization

References

Initial visit

Firm vs. Sole Practitioner

The Attorney – Client Privilege

What is a “privilege”?

When, where and to what does it apply?

Week Three, Slide Three

How does a privileged communication differ from one protected by the attorney cannons of ethics?

To whom does a privilege belong, and what does that mean?

Why does the law recognize the attorney – client privilege?

What is its purpose?

What is its scope?

Examples

Week Three, Slide Four

Alternative Dispute Resolution

What is it?

“Any method of dispute resolution that does not require traditional judicial process or intervention.”

Is this absolutely accurate; do courts ever get involved?

List the factors discussed in class regarding conventional judicial system that drove the creation of ADR?

1.

2.

3.

4.

5.

6.

Week Three, Slide Five

Rank ADR Forms from least formal to most formal and define each:

1.

2.

3.

Arbitration

Define “non – binding Arbitration”

Define Binding Arbitration

Week Three, Slide Six

What must the parties to an agreement do in order to insure that they have created binding arbitration as their method of dispute resolution?...