Study Guide Exam 2 - Study Guide Exam 2 Chapter 4 The U.S...

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Study Guide Exam 2 Chapter 4 The U.S. Dispute Resolution System Exodus 18 contains an example of an appellate court system and contains a principle of good management o Jethro, Moses’ father-in-law suggested the appellate court system. o Moses chooses capable men from all of Israel and made them leaders of the people, officials over thousands, hundreds, fifties, and tens. They served as judges for the people at all times. The difficult cases they brought to Moses, but the simple ones they decided themselves. o Moses selected capable men from all the people – men who fear God, trustworthy men who hate dishonest gain – and appointed them as officials. They were taught by Moses the decrees and laws, and he showed them the way to live and the duties they were to perform o The groups ranged from thousands, hundreds, fifties, and tens. o Moses needed to delegate because he was the only one that served as a judge to the people and the work was too heavy for him he could not handle it alone. I Corinthians 6 arbitration is the type of alternative dispute resolution that is recommended and it is related to the problem of bad publicity. Luke 12 Jesus suggests direct negotiation because you might loose the case. The English Political History Background to the Development of U.S. Law and Government: Sir William Blackstone looked to his period as he wrote his “Commentaries on the Laws of England” in 1765 – 1769. This treatise was the foundational document of U.S. legal education until the 1890s and greatly influenced legal reasoning and U.S. court decisions. Blackstone created a readable summary of the common laws (unwritten law) of England and was a valuable reference set that judges and lawyers in the rural U.S. could carry with them as they traveled from town to town holding court (riding circuit). 3 major issues dominated the political landscape: o Protestant Reformation – generally credited to Martin Luther resulting in power struggles between Protestants and Catholics. o A struggle for power between the King and Parliament o A struggle for imperial power between England and first Spain, then the Dutch, and finally France. In 1537 the first complete edition of the Bible was printed in England. As individuals began to read the Bible, a freedom from traditional authority, both religious and secular, developed. One might even trace the rise of modern individualism from this period. In 1588 the Spanish Armada was destroyed, assuring the survival of the Protestant England. The Puritan movement wanted to remove all remaining Catholic elements from the Church of England (to “purify” it). Puritans attempting to function outside the official rituals of the Church of England were persecuted by Elizabeth. “Recusancy” was the criminal offense of not complying with the worship requirements of the Church of England. The first modern corporation, the British East India Company in 1600.
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This note was uploaded on 04/15/2008 for the course BLAW 460 taught by Professor Reid during the Spring '08 term at Abilene Christian University.

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Study Guide Exam 2 - Study Guide Exam 2 Chapter 4 The U.S...

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