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21 Cards in this Set
- Front
- Back
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What is Case Law?
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The body of case law that has developed over time as court decisions have been rendered and relied upon
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What does Case Law Consist of ?
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1) Case title
2) Court Reporter 3) Year of decision 4) Volume 5) Page # |
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What is a Precedent?
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Rule of law established in a court decision
Becomes Precedence - all future analysis of the same or similar facts |
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What are the advantages of Common Law?
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Uniformity in the law and social stability
Predictability of legal decision making which provides guidance to the public regarding proper conduct |
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What parties are involved in a civil suit?
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Plaintiff vs. Defendant
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What is the purpose of a civil suit?
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Seek Compensation
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What is the burden of proof required for a civil suit?
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51%
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What could have with a civil trial?
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yes or no
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What are the sanctions of a civil suit?
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Monetary
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What are examples of civil suits?
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Tort Law
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What are the parties involved with a criminal suit?
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Plaintiff vs. Defendant
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What is the purpose of a criminal suit?
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Imposing some form of punishment
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What is the burden of proof with a criminal case?
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100%
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Is there a trial with a criminal suit?
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Yes
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What are the sanctions & penalties of a criminal suit?
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Fine, probation, or even jail time
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What are examples of a criminal suit?
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Murder, sport gambling, bribery, excessive violence
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What do Criminal Courts do?
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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 |
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What do Civil Courts do?
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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 |
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What is the summary judgment?
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A decision made one the basis of statements and evidence presented for the record without a trial
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For State Court where do the parties to the lawsuit reside?
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They reside or conduct significant business activities in the state
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Breach of contract, personal injury suits and suits involving real estate located where?
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In the state
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