BLAW 2013- Midterm Exam Guide - Comprehensive Notes for the exam ( 16 pages long!)

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Approximately 95% of lawsuits are settled before trial. Honesty and integrity are cores of legal system. Settlement, and trying to bargain for a set amount. A formal negotiation where a neutral third party facilitates an agreed settlement. Neutral third party that decides the case (trial type) Phone calls asking mcdonald"s to solve the issue. Service of process (complaint and summons formally delivered to the defendant) Submitting evidence and witness testimony (expert and fact) Ex: asked for all of burn victims. Jury looks at defendant to determine amount. Compensatory damages can be diminished by comparative negligence. Based on precedents which began with english judges. Person who filed lawsuit is responsible for proof. Prosecutor (employee of govt): higher burden of proof. Simple justification (power of court to hear a case) (state where crime occurred) Prosecution did not prove beyond a reasonable doubt. Ruled for plaintiff more likely than not. Prosecution chooses what to charge, not multiple.