B-Law Final (1)

B-Law Final (1) - B LAW FINAL Chapter 1 Common Law Based...

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B LAW FINAL Chapter 1 Common Law- Based off of Great Britain laws, King made all rules and everyone followed them. Once a decision is made on a case, it should be respected, and future cases of similarity should be judged accordingly. Precedent- Stare Decisis- Once a decision is made on a case, and a future case of similarity comes up, the court uses the same decision in the new case. Judicial Review- The process in which the judiciary branch of government can decide whether or not the laws or actions of the other two branches are constitutional. State Action- Constitutional law concept, only provide against state action trying to take your liberties away Restatement- Summary of the law in a particular area or state- like Cliffnotes Equal Protection- Only applies to Federal Government, NOT private sector. Ex. Arkansas passes law saying Walmart must pay 10% income tax but all other companies pay only 5% tax. This is NOT legal under equal protection. Treating classes of people differently is not always illegal. Double Jeopardy- Multiple prosecutions by the same sovereign is not allowed. Trial cannot be retried even if new evidence is discovered later. If you are tried for rape and proven innocent, they can’t try you for assault and battery. Can be sued in civil court if found innocent in criminal court. Ex. O.J. Simpson Burden of Proof- Criminal court has to prove defendant guilty beyond all reasonable doubt. Civil court only has to prove guilty by preponderance of doubt (don’t have to be completely sure the defendant is guilty) Chapter 2 US Court of Appeals- Eighth Circuit- Arkansas’s Federal Court of Appeals- Heard by 3 judges, they all write formal documents with their opinion on the case, and the decisions are final on all other courts within its boundaries. Federal Jurisdiction- Power of civil court to hear a case- must have jurisdiction over person and subject matter to accept case. To have jurisdiction over a person, the defendant must be a resident of the state in question unless Long Arm Statute, which allows suing in a different state because of sufficient contacts. US Constitution requires minimum contacts. Minimum Contacts- Having a business in state, committing a tort in that state, or an accident on highway in that state.
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Summary Judgment- Occurs when judge reviews case and decides that there is no disputable evidence and the judge makes the verdict before the trial. Jury Selection- Anyone can be chosen. Discriminating is not allowed, only if you know either the defendant, plaintiff, or either of the lawyers can you not participate in the jury. Alternative Dispute Resolution- Faster and cheaper than trial, avoids the all-or-none result. Two types 1. Arbitration- Third party settles the case, non-binding or binding 2. Mediation- Third party settles the case, binding only Chapter 3 Deadly Force- Can only be used as a means to defend property. Deadly force is appropriate when danger to life is present. -Assault- Any intentional, unexcused act that creates in another person a reasonable
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This note was uploaded on 08/08/2011 for the course WCOB 1023 taught by Professor Sandeepgoyal during the Spring '08 term at Arkansas.

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B-Law Final (1) - B LAW FINAL Chapter 1 Common Law Based...

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