UARK BLAW Exam 1
Directed Verdict - ✔️✔️An order from the presiding judge to the jury to return a
particular verdict. Typically, the judge orders a directed verdict after finding that no
reasonable jury could reach a decision to the contrary. After a directed verdict, there is
no longer any need for the jury to decide the case.
Concurrent Jurisdiction - ✔️✔️Federal question
- When the constitution is in question
- Diversity of citizenship
- Two parties are from different states & amount in question exceeds $75,000
Civil Law - ✔️✔️Based on written code.
Criminal Burden of Proof - ✔️✔️"Beyond a reasonable doubt", burden on state, no
obligation of defendant to present evidence; UNANIMOUS VERDICT.
Civil Burden of Proof - ✔️✔️By preponderance of the evidence (More right than the
other guy).
Double Jeopardy - ✔️✔️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 - ✔️✔️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 - ✔️✔️Case law or common law. Abiding by the previous decisions by
courts. (THINK: Previous)
Stare Decisis - ✔️✔️Requires trial judge to abide by previous case examples by higher
courts (Goes state by state).
Defendant - ✔️✔️Paid hourly
Plantiff Lawyer - ✔️✔️Payed contingency fee (a part of the winnings) & only payed if
case is WON.
Frivolous Lawsuits - ✔️✔️Rule 11 discourages it (Rule 11= lawyers can be punished &
fined for lawsuits that have no evidence or point).
Role of Jury - ✔️✔️Rules on matter of fact.
, Judge - ✔️✔️Rules on matter of law.
Federal System - ✔️✔️District Court, Court of Appeals, US Supreme Court.
State Courts - ✔️✔️Trial Court, Appellate Court, State Supreme Court.
Minimal contact - ✔️✔️Long arm statue (if the company makes minimal contact with
that state you can sue).
Forum Selection Clause - ✔️✔️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.
Common Law - ✔️✔️Based on decisions made by past judges
Arbitration - ✔️✔️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.)
Exclusive Jurisdiction - ✔️✔️Jurisdiction that exists when a case can be heard only in a
particular court or type of court (deals with bankruptcy, copyrights, patents).
Court Procedures - ✔️✔️Complain then service of process then answer (after answer
counterclaim & cross complaint).
Deposition - ✔️✔️- The process of giving sworn evidence:
- "The deposition of four expert witnesses"
- A formal, usually written, statement to be used as evidence.
Voire Dire - ✔️✔️You can dismiss a jury member for any reason except for race &
gender.
Summary Judgement - ✔️✔️A judgment entered by a court for one party & against
another party summarily, without a full trial. Such a judgment may be issued on the
merits of an entire case, or on discrete issues in that case.
Judgement NOV - ✔️✔️"Judgment not withstanding the verdict" is abbreviated JNOV,
which stands for its Latin equivalent, judgment "non obstante veredicto." The remedy of
JNOV applies only in cases decided by a jury. A JNOV is proper when the court finds
that the party bearing the Burden of Proof fails to make out a Prima Facie case.
Directed Verdict - ✔️✔️An order from the presiding judge to the jury to return a
particular verdict. Typically, the judge orders a directed verdict after finding that no
reasonable jury could reach a decision to the contrary. After a directed verdict, there is
no longer any need for the jury to decide the case.
Concurrent Jurisdiction - ✔️✔️Federal question
- When the constitution is in question
- Diversity of citizenship
- Two parties are from different states & amount in question exceeds $75,000
Civil Law - ✔️✔️Based on written code.
Criminal Burden of Proof - ✔️✔️"Beyond a reasonable doubt", burden on state, no
obligation of defendant to present evidence; UNANIMOUS VERDICT.
Civil Burden of Proof - ✔️✔️By preponderance of the evidence (More right than the
other guy).
Double Jeopardy - ✔️✔️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 - ✔️✔️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 - ✔️✔️Case law or common law. Abiding by the previous decisions by
courts. (THINK: Previous)
Stare Decisis - ✔️✔️Requires trial judge to abide by previous case examples by higher
courts (Goes state by state).
Defendant - ✔️✔️Paid hourly
Plantiff Lawyer - ✔️✔️Payed contingency fee (a part of the winnings) & only payed if
case is WON.
Frivolous Lawsuits - ✔️✔️Rule 11 discourages it (Rule 11= lawyers can be punished &
fined for lawsuits that have no evidence or point).
Role of Jury - ✔️✔️Rules on matter of fact.
, Judge - ✔️✔️Rules on matter of law.
Federal System - ✔️✔️District Court, Court of Appeals, US Supreme Court.
State Courts - ✔️✔️Trial Court, Appellate Court, State Supreme Court.
Minimal contact - ✔️✔️Long arm statue (if the company makes minimal contact with
that state you can sue).
Forum Selection Clause - ✔️✔️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.
Common Law - ✔️✔️Based on decisions made by past judges
Arbitration - ✔️✔️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.)
Exclusive Jurisdiction - ✔️✔️Jurisdiction that exists when a case can be heard only in a
particular court or type of court (deals with bankruptcy, copyrights, patents).
Court Procedures - ✔️✔️Complain then service of process then answer (after answer
counterclaim & cross complaint).
Deposition - ✔️✔️- The process of giving sworn evidence:
- "The deposition of four expert witnesses"
- A formal, usually written, statement to be used as evidence.
Voire Dire - ✔️✔️You can dismiss a jury member for any reason except for race &
gender.
Summary Judgement - ✔️✔️A judgment entered by a court for one party & against
another party summarily, without a full trial. Such a judgment may be issued on the
merits of an entire case, or on discrete issues in that case.
Judgement NOV - ✔️✔️"Judgment not withstanding the verdict" is abbreviated JNOV,
which stands for its Latin equivalent, judgment "non obstante veredicto." The remedy of
JNOV applies only in cases decided by a jury. A JNOV is proper when the court finds
that the party bearing the Burden of Proof fails to make out a Prima Facie case.
