UARK BLAW Exam 1

Arbitration - Answer- 3rd party decides outcome & is binding (EX. the hearing & determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them...Rather than risk a long strike, the union & management agreed to arbitration.) Common Law - Answer- Based on decisions made by past judges. Civil Law - Answer- Based on written code. Criminal Burden of Proof - Answer- "Beyond a reasonable doubt", burden on state, no obligation of defendant to present evidence; UNANIMOUS VERDICT. Civil Burden of Proof - Answer- By preponderance of the evidence (More right than the other guy). Double Jeopardy - Answer- Can't be tried twice for the same thing in the same sovereign (court). Can still be tried in different court (ex. After criminal court you could be tried in civil court). REMEMBER: (State & Federal courts are different sovereigns). Constitution Law - Answer- LAWS FROM THE CONSTITUTION. Only applies if occurs in public sector. (EX. Because much of Constitutional law deals with judicial review, the study of Constitutional law focuses on Supreme Court rulings.) Precedent - Answer- Case law or common law. Abiding by the previous decisions by courts. (THINK: Previous) Stare Decisis - Answer- Requires trial judge to abide by previous case examples by higher courts (Goes state by state). Defendant - Answer- Paid hourly Plantiff Lawyer - Answer- Payed contingency fee (a part of the winnings) & only payed if case is WON. Frivolous Lawsuits - Answer- Rule 11 discourages it (Rule 11= lawyers can be punished & fined for lawsuits that have no evidence or point). Role of Jury - Answer- Rules on matter of fact. Judge - Answer- Rules on matter of law. Federal System - Answer- District Court, Court of Appeals, US Supreme Court. State Cou