Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
21 Cards in this Set
- Front
- Back
What is Case Law?
|
The body of case law that has developed over time as court decisions have been rendered and relied upon
|
|
What does Case Law Consist of ?
|
1) Case title
2) Court Reporter 3) Year of decision 4) Volume 5) Page # |
|
What is a Precedent?
|
Rule of law established in a court decision
Becomes Precedence - all future analysis of the same or similar facts |
|
What are the advantages of Common Law?
|
Uniformity in the law and social stability
Predictability of legal decision making which provides guidance to the public regarding proper conduct |
|
What parties are involved in a civil suit?
|
Plaintiff vs. Defendant
|
|
What is the purpose of a civil suit?
|
Seek Compensation
|
|
What is the burden of proof required for a civil suit?
|
51%
|
|
What could have with a civil trial?
|
yes or no
|
|
What are the sanctions of a civil suit?
|
Monetary
|
|
What are examples of civil suits?
|
Tort Law
|
|
What are the parties involved with a criminal suit?
|
Plaintiff vs. Defendant
|
|
What is the purpose of a criminal suit?
|
Imposing some form of punishment
|
|
What is the burden of proof with a criminal case?
|
100%
|
|
Is there a trial with a criminal suit?
|
Yes
|
|
What are the sanctions & penalties of a criminal suit?
|
Fine, probation, or even jail time
|
|
What are examples of a criminal suit?
|
Murder, sport gambling, bribery, excessive violence
|
|
What do Criminal Courts do?
|
Prosecute people charges with a crime against the state
also involves a trial by a jury of one's peers must prove guilt beyond a reasonable doubt |
|
What do Civil Courts do?
|
Hear cases involving controversies of a noncriminal nature
May involve a jury or may involve a judge with no jury Must prove the case by a preponderance of evidence |
|
What is the summary judgment?
|
A decision made one the basis of statements and evidence presented for the record without a trial
|
|
For State Court where do the parties to the lawsuit reside?
|
They reside or conduct significant business activities in the state
|
|
Breach of contract, personal injury suits and suits involving real estate located where?
|
In the state
|