BLAW 2013 Study Guide - Midterm Guide: Commerce Clause, Subject-Matter Jurisdiction, Precedent
8 May 2017
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9/18/2013 7:45:00 pm: common law system, based on decisions of early english judges. Civil law: personal action, based on a code, louisiana, europe and south america still use it. Stare decisis: trial judge must follow those rules of law until those rules of law are changed, the value of legal precedent. Criminal case: proven guilty- beyond reasonable doubt, 95% Civil case: a preponderance of the evidence, 51% Double jeopardy: a state can not prosecute you twice because of the same crime. Constitutional violation: can"t be filed unless it involves state action, state action- the constitution does not apply to the private sector, it only applies to the public sector. Judicial review: constitution over legislative, judicial review over all. Burden of proof: innocent until proven guilty beyond reasonable doubt. Adversary system: criminal vs. civil cases: defendant lawyer: hourly, plaintiff"s lawyer: contingency, agree to share with the lawyer a certain percentage, must be seeking a monetary recovery.
