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atheletic study guide for all 3

atheletic study guide for all 3 - Systems of Law Common Law...

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Systems of Law - Common Law - Civil Laws - Others Application of Law - Criminal Law vs. Civil Law - Burden of proof - Criminal - any violation of society’s rules of conduct o – State must prove guilty beyond a reasonable doubt(95%) - Civil - an individual bringing action against another individual(a violation of someone’s rights) o –preponderance of evidence (51%) Sources of law - Constitutional (state and federal)- basis for our government) - Bill of Rights - only gives you protection from the govt and the state not individuals o – 2 famous constitutional doctrines- 1)due process 2)Equal Protection - Legislation- o – if the judiciary interprets the law in a certain way , can the legislature change the law? - Administrative law - o – Deals with highly technical aspects of law(nuclear energy) - Executive order - o – orders directly from the president (affirmative action) - Case Law(Common Law )- o – an out of court settlement does not have president(the case must first go to trial )has to be a decision from a higher court o – trial court verdicts do not hold precedence( because the case has not gone up for appeal o – the decisions must be from a higher court in their jurisdiction, not other states - State Courts and their rights to interpret state law “on the matter of state law the state supreme court has authority o – On the matter of state law, the state supreme court has ultimate decision on state law Civil Litigation 1. Civil courts are available to anyone 2. More suits are filed in the US than any other country 3. Arkansas has fewer suits per capita than any other part of the country 4. The number of “tort suits” hasn’t really changed over the last 5 yrs -Mediation - a third party that comes up with a solution that should make both partys happy (not binding)
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- Arbitration - a person listens to both sides arguments and then makes a decision( sometimes binding) -There are also other ways people can resolve disputes( arm wrestle) Frivolous Lawsuits - an over the top lawsuit(dry cleaners case, hot coffee case) Resolving disputes The role of an Attorney – 1. Advisory system 2. Payment: hourly vs. contingency 3. Contingency fee- where the suing party agrees to split damages with lawyer in exchange for their services 4. One way to reduce lawsuits in ban contingency fee so that people cannot afford to file frivolous suits 5. Another way is to ban lawyer advertising Role of a Jury 1. First to listen to all evidence and testimony and make their decision based upon the facts of the trial 2. In both civil and criminal jury trials are available upon request Jurisdiction – the power of the court to hear a particular case( authority of the court in the case) State courts
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