Exam #1 Study GuideIn criminal case- the burden is on the state to prove defendant is guiltyIn civil case- the burden is on he other individual to prove defendant is guiltyIn a civil case- needs to have at least 50% of preponderance evidence to prove someone is guiltyIn a criminal case- needs 99% evidence to prove someone is guiltyCivil casePlaintive- person who is being accused of crimeLiable- they are responsible for actions that have happened in caseJury- there must be a majority rule to accuse anyone in a caseCriminal caseProsecutor- person who is being accused of crimeGuilty- they are responsible for actions that have happened in caseJury- everyone must agree weather or not the person is guilty or not guiltyHung jury- jury can’t pick guilty or not guilty/ This is considered a victory for the defendantMurder- willfully taking the life of anotherInsanity- mental state of mind that prevents defendant from understanding they are taking the life of anotherJury nullification- the jury believes the law doesn’t result in justice they will find a way to change law // the defendant can NOT tell jury thisJudiciary LawCommon law also known as case law/ precedent- judge created the lawPrecedents- is used now days to be used as research to find a similar case to figure out the outcome of the case.Lawyers studies this the most to help their client in their favorPrecedents have different values in a case depending on where they come from as well. Ones that come from the same state have a higher value than ones that come out of the stateAny judge can overrule a precedent/ precedents are mainly only ideas to give to the judgeIf the judge overrules precedent you are in for a longer run and most likely the case will go to supreme courtStatratorian LawCongress main job is to make lawsCongress often passes laws that are full of ambiguities // we do not usually know what the law is until it is applied by a judge in courtIt is very difficult to draft a law//it must be preciseWhat does congress do when the judge misinterpret it?The law will then be changed to fix the problem // AMEND THE LAWYou are governed by the courts in your jurisdiction so you are under different federal treatment depending on where you liveThe supreme court will determine any cases that are argued and can not be resolved by the stat courtsAdministrative LawThis is not in the constitution at all because things got more complicated as life went onAdministration agencies- was created to handle serious social problems and crises that are beyond the expertise of legislators and judges. They are staffed with subject-matter experts related to their missions.In order to take a case in a federal court on diversity it must be worth at least $75,000 or the case will go to state courtState Judges are electedFederal Judges are appointedFederal courts are used for federal matters- questioning the constitution, etc.If a defendant does not like want to go to a state court, the defendant will file for a motion to exercise his right of removalIf you are in state court the case takes place in the state where the incident happened.Venue is the decision of the court where the incident took place or where the defendant resides.Motion for change of venue is when the defendant wants to move from one federal court to a different federal courtThere must be a reason for change of venueInconvenientBias argumentMediation – when arguing parties find a neutral party to help communicate and solve problem at handArbitration- the resolution of a dispute by a neutral third party outside of judicial settingMediation the two parties decide what is to happen and a contract is madeArbitration- arbitrator decides what is to happen between the two parties.If you start in Mediation and move to arbitration you are not allowed to talk about what happened in mediationArbitration does not have official record on hold, but once a final decision is made then it is put into writing- (Award)The point of arbitration was so that way people would not want to appeal cases, because of there being no reason why Awards were madeIf a company makes up a contract that says if a consumer sues the company and the case goes straight to arbitration, it will be in the favor of the business because they wont have to pay as much, where the consumer would and also there is no written records of cases in past so the consumer gets the short end of the stick.If an employee signs a contract with an employer that states any disputes will be settled through arbitration. But if the employee sues the employer for something that is not related to work then the employee has the right to sue and not go to arbitration.If an arbitration contract is unconscionable then the arbitration does not existUnconscionable- not right or unreasonable such as employee being treated unfairPresident – decide if we go to war, appoint supreme court judges3 branches of Gov.Legislative-Executive-Judicial-Federal government does not have police powerFed Gov. can only pass legislation that the constitution gives it authority to passHealth safety and welfare= police issue = state Gov.First Amendment was for people to talk about people that would be elected and the laws that were going to be passedFourth Amendment protects people from unreasonable search therefore a person needs a search warrant to search an areaA business is considered many people because they sell products/services and can buy property so they have the same rights as individualsLEGS 3010 1st Edition Exam #1 Study Guide In criminal case- the burden is on the state to prove defendant is guilty In civil case- the burden is on he other individual to prove defendant is guilty In a civil case- needs to have at least 50% of preponderance evidence to prove someone is guilty  In a criminal case- needs 99% evidence to prove someone is guilty Civil case Plaintive- person who is being accused of crime Liable- they are responsible for actions that have happened in case Jury- there must be a majority rule to accuse anyone in a case Criminal case Prosecutor- person who is being accused of crime Guilty- they are responsible for actions that have happened in case Jury- everyone must agree weather or not the person is guilty or not guilty Hung jury- jury can’t pick guilty or not guilty/ This is considered a victory for the defendant Murder- willfully taking the life of another Insanity-