UARK BLAW Exam 1 Questions and
Answers 2025/2026
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 Courts - ANSWER-Trial Court, Appellate Court, State Supreme Court.
Minimal contact - ANSWER-Long arm statue (if the company makes minimal contact
with that state you can sue).
Forum Selection Clause - 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 - 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 - ANSWER-Federal question
- When the constitution is in question
- Diversity of citizenship
- Two parties are from different states & amount in question exceeds $75,000
Court Procedures - ANSWER-Complain then service of process then answer (after
answer counterclaim & cross complaint).
Deposition - ANSWER-- The process of giving sworn evidence:
- "The deposition of four expert witnesses"
- A formal, usually written, statement to be used as evidence.
Voire Dire - ANSWER-You can dismiss a jury member for any reason except for race &
gender.
Summary Judgement - ANSWER-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.
Directed Verdict - ANSWER-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.
Judgement NOV - ANSWER-"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.
Prima Facie Case - ANSWER-A case that on first appearance will prevail unless
contradicted by evidence.
Answers 2025/2026
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 Courts - ANSWER-Trial Court, Appellate Court, State Supreme Court.
Minimal contact - ANSWER-Long arm statue (if the company makes minimal contact
with that state you can sue).
Forum Selection Clause - 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 - 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 - ANSWER-Federal question
- When the constitution is in question
- Diversity of citizenship
- Two parties are from different states & amount in question exceeds $75,000
Court Procedures - ANSWER-Complain then service of process then answer (after
answer counterclaim & cross complaint).
Deposition - ANSWER-- The process of giving sworn evidence:
- "The deposition of four expert witnesses"
- A formal, usually written, statement to be used as evidence.
Voire Dire - ANSWER-You can dismiss a jury member for any reason except for race &
gender.
Summary Judgement - ANSWER-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.
Directed Verdict - ANSWER-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.
Judgement NOV - ANSWER-"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.
Prima Facie Case - ANSWER-A case that on first appearance will prevail unless
contradicted by evidence.
