UARK BLAW Exam 1 Study Guide Solutions
Arbitration - ANSWER-3rd party decides outcome & is binding (EX. the hearing & determining of a
dispute or the settling of differences between parties by a person or persons chosen or agreed to by
them...Rather than risk a long strike, the union & managemen...
Precedent - ANSWER✔✔-Case law or common law. Abiding by the previous decisions by courts. (THINK:
Previous)
Stare Decisis - ANSWER✔✔-Requires trial judge to abide by previous case examples by higher courts
(Goes state by state).
Defendant - ANSWER✔✔-Paid hourly
Plantiff Lawyer - ANSWER✔✔-Payed contingency fee (a part of the winnings) & only payed if case is
WON.
Frivolous Lawsuits - ANSWER✔✔-Rule 11 discourages it (Rule 11= lawyers can be punished & fined for
lawsuits that have no evidence or point).
Role of Jury - ANSWER✔✔-Rules on matter of fact.
Judge - ANSWER✔✔-Rules on matter of law.
Federal System - ANSWER✔✔-District Court, Court of Appeals, US Supreme Court.
State Courts - ANSWER✔✔-Trial Court, Appellate Court, State Supreme Court.
Minimal contact - ANSWER✔✔-Long arm statue (if the company makes minimal contact with that state
you can sue).
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