UARK BLAW Exam 1 Questions With
Complete Solutions
Arbitration - CORRECT ANSWER✔✔-3rd party decides outcome & is binding (EX.
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the hearing & determining of a dispute or the settling of differences between
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parties by a person or persons chosen or agreed to by them...Rather than risk a
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long strike, the union & management agreed to arbitration.)
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Common Law - CORRECT ANSWER✔✔-Based on decisions made by past judges.
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Civil Law - CORRECT ANSWER✔✔-Based on written code.
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Criminal Burden of Proof - CORRECT ANSWER✔✔-"Beyond a reasonable doubt",
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burden on state, no obligation of defendant to present evidence; UNANIMOUS
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VERDICT.
Civil Burden of Proof - CORRECT ANSWER✔✔-By preponderance of the evidence
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(More right than the other guy).
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Double Jeopardy - CORRECT ANSWER✔✔-Can't be tried twice for the same thing
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in the same sovereign (court). Can still be tried in different court (ex. After
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criminal court you could be tried in civil court). REMEMBER: (State & Federal
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courts are different sovereigns).
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, Constitution Law - CORRECT ANSWER✔✔-LAWS FROM THE CONSTITUTION. Only
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applies if occurs in public sector. (EX. Because much of Constitutional law deals
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with judicial review, the study of Constitutional law focuses on Supreme Court
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rulings.)
Precedent - CORRECT ANSWER✔✔-Case law or common law. Abiding by the
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previous decisions by courts. (THINK: Previous)
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Stare Decisis - CORRECT ANSWER✔✔-Requires trial judge to abide by previous
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case examples by higher courts (Goes state by state).
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Defendant - CORRECT ANSWER✔✔-Paid hourly
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Plantiff Lawyer - CORRECT ANSWER✔✔-Payed contingency fee (a part of the
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winnings) & only payed if case is WON.
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Frivolous Lawsuits - CORRECT ANSWER✔✔-Rule 11 discourages it (Rule 11=
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lawyers can be punished & fined for lawsuits that have no evidence or point).
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Role of Jury - CORRECT ANSWER✔✔-Rules on matter of fact.
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Judge - CORRECT ANSWER✔✔-Rules on matter of law.
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Federal System - CORRECT ANSWER✔✔-District Court, Court of Appeals, US
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Supreme Court. |
Complete Solutions
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. |
