UARK BLAW Exam 1
Arbitration - correct 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 - correct answer ✔✔Based on decisions made by past judges.
Civil Law - correct answer ✔✔Based on written code.
Criminal Burden of Proof - correct answer ✔✔"Beyond a reasonable doubt", burden on state, no
obligation of defendant to present evidence; UNANIMOUS VERDICT.
Civil Burden of Proof - correct answer ✔✔By preponderance of the evidence (More right than the other
guy).
Double Jeopardy - correct 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 - correct 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 - correct answer ✔✔Case law or common law. Abiding by the previous decisions by courts.
(THINK: Previous)
Stare Decisis - correct answer ✔✔Requires trial judge to abide by previous case examples by higher
courts (Goes state by state).
Defendant - correct answer ✔✔Paid hourly
, Plantiff Lawyer - correct answer ✔✔Payed contingency fee (a part of the winnings) & only payed if case
is WON.
Frivolous Lawsuits - correct answer ✔✔Rule 11 discourages it (Rule 11= lawyers can be punished & fined
for lawsuits that have no evidence or point).
Role of Jury - correct answer ✔✔Rules on matter of fact.
Judge - correct answer ✔✔Rules on matter of law.
Federal System - correct answer ✔✔District Court, Court of Appeals, US Supreme Court.
State Courts - correct answer ✔✔Trial Court, Appellate Court, State Supreme Court.
Minimal contact - correct answer ✔✔Long arm statue (if the company makes minimal contact with that
state you can sue).
Forum Selection Clause - correct answer ✔✔A forum selection clause in a contract is an agreement by
both parties to adjudicate any disputes resulting from the contract, such as a breach of contract, in a
specified forum.
Exclusive Jurisdiction - correct answer ✔✔Jurisdiction that exists when a case can be heard only in a
particular court or type of court (deals with bankruptcy, copyrights, patents).
Concurrent Jurisdiction - correct answer ✔✔Federal question
- When the constitution is in question
- Diversity of citizenship
- Two parties are from different states & amount in question exceeds $75,000
Arbitration - correct 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 - correct answer ✔✔Based on decisions made by past judges.
Civil Law - correct answer ✔✔Based on written code.
Criminal Burden of Proof - correct answer ✔✔"Beyond a reasonable doubt", burden on state, no
obligation of defendant to present evidence; UNANIMOUS VERDICT.
Civil Burden of Proof - correct answer ✔✔By preponderance of the evidence (More right than the other
guy).
Double Jeopardy - correct 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 - correct 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 - correct answer ✔✔Case law or common law. Abiding by the previous decisions by courts.
(THINK: Previous)
Stare Decisis - correct answer ✔✔Requires trial judge to abide by previous case examples by higher
courts (Goes state by state).
Defendant - correct answer ✔✔Paid hourly
, Plantiff Lawyer - correct answer ✔✔Payed contingency fee (a part of the winnings) & only payed if case
is WON.
Frivolous Lawsuits - correct answer ✔✔Rule 11 discourages it (Rule 11= lawyers can be punished & fined
for lawsuits that have no evidence or point).
Role of Jury - correct answer ✔✔Rules on matter of fact.
Judge - correct answer ✔✔Rules on matter of law.
Federal System - correct answer ✔✔District Court, Court of Appeals, US Supreme Court.
State Courts - correct answer ✔✔Trial Court, Appellate Court, State Supreme Court.
Minimal contact - correct answer ✔✔Long arm statue (if the company makes minimal contact with that
state you can sue).
Forum Selection Clause - correct answer ✔✔A forum selection clause in a contract is an agreement by
both parties to adjudicate any disputes resulting from the contract, such as a breach of contract, in a
specified forum.
Exclusive Jurisdiction - correct answer ✔✔Jurisdiction that exists when a case can be heard only in a
particular court or type of court (deals with bankruptcy, copyrights, patents).
Concurrent Jurisdiction - correct answer ✔✔Federal question
- When the constitution is in question
- Diversity of citizenship
- Two parties are from different states & amount in question exceeds $75,000
