ANSWERS |LATEST VERSION 2025\26 |COMPLETE |VERIFIED
Terms in this set (75)
3rd party decides outcome & is binding (EX. the hearing &
determining of a dispute or the settling of differences between
Arbitration 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 Based on decisions made by past judges.
Civil Law Based on written code.
"Beyond a reasonable doubt", burden on state, no obligation of
Criminal Burden of Proof
defendant to present evidence; UNANIMOUS VERDICT.
By preponderance of the evidence (More right than the other
Civil Burden of Proof
guy).
Can't be tried twice for the same thing in the same sovereign
(court). Can still be tried in different court (ex. After criminal
Double Jeopardy
court you could be tried in civil court). REMEMBER: (State &
Federal courts are different sovereigns).
LAWS FROM THE CONSTITUTION. Only applies if occurs in
public sector. (EX. Because much of Constitutional law deals
Constitution Law
with judicial review, the study of Constitutional law focuses on
, Supreme Court rulings.)
Case law or common law. Abiding by the previous decisions by
Precedent
courts. (THINK: Previous)
Requires trial judge to abide by previous case examples by
Stare Decisis
higher courts (Goes state by state).
Defendant Paid hourly
Payed contingency fee (a part of the winnings) & only payed if
Plantiff Lawyer
case is WON.
Rule 11 discourages it (Rule 11= lawyers can be punished & fined
Frivolous Lawsuits
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.
Long arm statue (if the company makes minimal contact with that
Minimal contact
state you can sue).
A forum selection clause in a contract is an agreement by both
Forum Selection Clause parties to adjudicate any disputes resulting from the contract,
such as a breach of contract, in a specified forum.
Jurisdiction that exists when a case can be heard only in a
Exclusive Jurisdiction particular court or type of court (deals with bankruptcy,
copyrights, patents).