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Alternative Dispute Resolutions include:
Negotiation and Settlement; Arbitration; Mediation; Minitrials; Private Trials; Summary Jury Trials; and Early neutral case evaluation
Method in which disputant parties come together informally to try to resolve their differences.
Negotiation and Settlement
Duties are created by the civil law. Performance of the duty is enforced by the injured party suing the other party. Violating the duty results in the payment of money damages.
The parties to the contract create duties to each other. Performance of the obligor’s duty is enforced by the obligee suing the other party. Violating the duty results in an order for specific performance (equity) or in the payment of money damages (law).
The statutory law prohibits certain conduct. Those who violate the law are prosecuted and punished (prison and/or payment of fines) by the government.
actus non facit reum nisi mens sit rea
the act does not make a person guilty unless the mind is also guilty
Policy decision; don’t encourage crime) Can’t induce the innocent to committ crime; Must show some predisposition
Mens rea impossible; At time of the crime; Couldn’t understand the nature of the act
artificial mens rea; not generally available for murder