Ragland_Shay_M6_CTQuestions

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University of Alabama *

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483

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Law

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Jun 26, 2024

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docx

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Module 6 Critical Thinking Questions a. Explain the three types of legal consciousness. Legal consciousness is the attitudes and views of individuals toward the law and how these attitudes and views influence individuals' willingness and ability to pursue legal remedies. Individuals with a before the law consciousness regard the law as an objective and respected set of institutions and regulations. Individuals with legal consciousness see the law as a "game" with a set of rules that skilled players can utilize and manipulate to attain specific ends. Individuals with an anti-law consciousness see themselves as trapped in the intricacy and strength of the law, and they engage in what the authors call "acts of individual resistance" to avoid being dominated by the law. b. Explain how both the social structure of a society and a society's legal culture influence the form of disputing. Provide an example from a small-scale society. Disputing occurs when a third person becomes involved in a conflict between two or more people or groups. In social society, issues are typically handled through violence, avoidance, or negotiation, however in legal culture, they can be settled through mediation, negotiation, adjudication (public and formal approach), or arbitration (binding decision by a third party). c. Explain judicial intervention as a new area of litigation. Judicial intervention is a form that a party submits in an action that has not yet been assigned to a judge. The RJI is a request to the court to become engaged in the situation, which will result in the assignment of a judge to preside over the action until it is concluded. d. Explain the alternative dispute resolution (ADR) and identify one of its goals. Alternative Dispute Resolution uses negotiation, mediation, arbitration, and other means to resolve problems rather than traditional judicial adjudication. The most formal form of ADR is arbitration, in which a neutral third party hears the claims of the two parties and reaches a binding decision. ADR aims to make the legal process more accessible to the poor, elderly, and working class. e. Explain how the concept of transitional justice and identify some of the challenges associated with it. Transitional justice is when a newly constituted authority attempts to make up for human rights violations and injustices performed by members of the previous repressive government. Some of the challenges are as followed: 1. Developing a sense of respect for the law. 2. Educate the next generation about what happened in the country to ensure that people understand the need to preserve a democratic government that respects individual rights.
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