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Unformatted text preview: Chapter 1 I. Doctrine of Precedent a. Judge made law b. Binding on the trial judge i. He has to follow decisions of higher judges in his jurisdiction ii. A trial judge in Fayetteville must follow Arkansas Supreme Court and Federal supreme court decisions and Arkansas Court of Appeals c. Need to know what decisions constitute precedent and which ones dont I I. Burden of proof a. This determines who wins and who loses in litigation b. Civil Case: proving elements of case by preponderance of evidence (49, 51) c. Criminal Case: must prove beyond reasonable doubt I I I. Question on final: Development on common law a. Body of judge made law b. Started in England c. Develops over time d. Develops based on cases decided by courts e. Biggest influence on common law are cases developed over the centuries Chapter 2: Judicial System I. The three ways a judge can control the t rial a. Summary judgment i. Occurs before case goes to trial ii. If judge determines from pleadings and evidence in case that one side is entitled to win as a matter of law (no need for t rial) then that is the summary judgment b. Directed verdict i. Occurs during the trial ii. If during the t rial the judge sees one side must win than he can direct the jury to make a certain verdict c. Judgment in NOV (not outstanding the verdict) i. If the jury comes back with ridiculous decision then the judge can make another judgment after the t rial ii. Judge rarely does this I I. Employment of lawyer on contingent fee a. Agreement with lawyer to share any recovery you receive in the case b. In order to take a case on the contingent fee then the client must have a client...
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- Spring '08