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68 Cards in this Set
- Front
- Back
Structure of the courts |
Dual court system of federal and state |
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How many tier for federal and state? |
3 tiered system. One largely administrative and last two are split between intermidiate and and final appeals. |
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Typical state court system. |
Trial courts of limited jurisdiction (misdemeanor courts) Trial courts of general jurisdiction (superior and circuit courts Intermediate appellate courts Court of last resort (state supreme Court) |
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Federal court system |
94 districts courts and 3 territorial courts. Including a tax, trade, and federal claims court Us court of appeals (12 circuits) including is court of appeals for federal circuit and military appeals. Us supreme Court. 9 justices and one chief justice. |
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Original jurisdiction |
Lawful authority of a court to hear or act on a case from it's beginning and to pass judgement on the law and facts. May be over specific geographical area. |
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Appellate jurisdiction |
Lawful authority for court to review a decision made by a lower court |
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Judiciary act of 1789 |
Established federal judiciary and the 3 tiered model of courts. |
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Trial de Novo jurisdiction |
No records of what happened in court exist, so you can request a new trial in the general jurisdiction. |
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State court. |
Most reforms target this. Few attorney practice regularly. Mostly handle family disputes, misdemeanors, |
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General jurisdiction/trial/felony courts |
These courts have records, all words transcribed. Deal with serious felony and civil matters. Judges have to be members of BAR association. Plea bargain dominates most cases. |
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Specialty courts |
Focus on certain issues, like drug, gun family. Restrictive area of authority. Many are accommodative and have treatment. |
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Appeals |
A request by a defendant to a higher court asking it to review the actions of a lower court. Some cases like death penalty or life sentence automatically appealed. Most appeals civil not criminal. |
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Appellate courts |
Include intermidiate appellate and court of last resort.
Intermediate appellate reviews decision of trial courts
State Supreme courts- can order new trial, fee defendant, or uphold verdict. On chance to appeal. |
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Felony murder doctrine |
Of someone loses their life while you were commiting a felony, you will be charged with murder. |
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Herrera v collins |
Evidence of innocence is no reason for a federal court to order a new trial if constitutional ground's are lacking. |
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Federal courts |
4 tiers, first is administrative One supreme Court, inferior courts as Congress establishes. Magistrate court Us district court Is court of appeals Supreme court. |
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Magistrate court. |
Deals with misdemeanor cases. Sets bail, search warrants. No BAR requirement of judges. |
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Us district court. |
Judges appointed by president and confirmed by Senate, have original jurisdiction for federal laws, regulatory codes and civil rights. |
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Is court of appeals |
11 circuits with 12th serving D.C. Mandatory jurisdiction over district courts Cases Heard by a 3 judge panel Right to one appeal |
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Marbury v madison |
Have courts judicial review |
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Writ of certiorari (rule of 4) |
When at least 4 justices agree to hear a case, the record is sent forward for review. |
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Powell v Alabama |
Right to council if facing the death penalty. |
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Betts v brady |
Right to free council in federal court with felony charge but not in a state court. |
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Gideon v Wainwright |
The right to free council extended to state courts |
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Argersinger v Hamlin. |
Right to council whenever liberty is in jeopardy |
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In re gault |
Right to council for juvenile delinquent acts |
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3 questions attorney should answer. |
Cross examination solely to discredit reliability when witness is truthful Put witness on stand when perjury is plain Give advise that will lead to crime. |
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Faretta v Ca |
You can act as your own defendant |
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McMann v Richardson |
Established guidelines for defendants to meet if they claim that their attorney provided ineffective assistance of counsel. |
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Prosecutor |
Chief law office for jurisdiction largely elected by popular vote. Enforce law, represent gov, maintain court standards, develop programs for CJ reform. |
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Discovery |
Prosecutor must turn over evidence to defense |
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Buckley v Fitzsimmons |
Can't manufacture or misrepresent evidence |
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Nolle prosequi US v cowen |
Prosecutor has absolute authority to outside or dismiss cases. Has discretion to plea bargain schedule cases for trial. |
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Judge |
Selected by popular vote or political appointment. duty to safeguard rights of accused. Settles questions of evidence and procedure. Instructs and supervises jury. |
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Booking |
Not required in felonies or misd. Police list all charges Interview may occur before or after Array, photo, fingerprint, distinguishing marks. |
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McNabb v US |
McNabb rule, max time allowed between booking and seeing a judge is 48 hrs. |
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Stack v boyle |
Bails is excessive when it exceeds amount to ensure defendant will return for trial. |
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Carlson v landon |
No constitutional right to bail for alien communist |
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Bail reform act of 1984 |
. Requires courts or detain prior to trial arrestees charged with certain serious felonies if the give demonstrates with evidence that no release conditions will ensure the safety of any other person and the community. |
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Manhattan bail project |
Release on recognizance . Belief that people accuse of a crime can be reiled on to appear in court and do not have to post bail or be held in trial. Spread Nationwide, failure to appear and new crime dropped to one percent. Now between 7 and 15 |
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Grand jury |
Investigatory jury examine general rather than specific criminal conduct. May be used to build a case against individual. Accusatory jury, defense not always present, acts as a community. Conscience to see if state info justifies a trial. |
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Preliminary hearing |
Mini trial Determine of PC exists Prosection presents my normal evidence necessary to make PC. Defendant may waive prelim. |
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Arraignment. |
Judge informs defendant of charges. Then there are plea for the charges. |
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Guilty |
Admits charges and surrenders constitutional rights |
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Not guilty |
Trial date is set |
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No contest. |
Same consequences as guilty, may not be used in civil proceedings . |
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Standing mute |
Refuses to enter plea, judge invokes not guilty and sets trial date |
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Alford (NC v Alford.) |
No contest but maintains innocence. |
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Motion |
Application to the court for some action, order, or ruiling. |
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Venue |
Original court holds hearings in a new location. |
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Suppression |
Exclude evidence from consideration |
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Sever charges. |
A sperate trial for each of the charges. |
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Continuance |
Postpone to prepare case |
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Dismissal |
Evidence left after motions weakens case |
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Baker v Wingo |
Right to a speedy trial. Set forth factors to determine of this has been violated. 30 days between arrest and indictment and 70 between indictment and trial. |
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Ghailani v US |
Speedy trial protects defendants against prejudice caused by delays in their trials, not against the harms of interrogation of enemy combatants. |
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Williams v Florida |
6 jury members ok in non capital crime |
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Apodaca v OR |
10 out of 12 jury concensus required. If 6 person jury, unanimity required . |
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Jury representativeness |
Master list developed by voter registry |
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Venire |
List recieving jury summons. |
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Jury panal |
25 to 50 people present and jury elected during selection process. |
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Voir dire |
Speak the truth |
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Challenging jury members |
Challenge the array Challenge for cause.- relationship to party, relationship that creates bias,involved in previous similar case |
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Peremptory challenge |
Both prosecutor and defense get to strike down jury members without justification |
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Batson v Kentucky |
Race can't be a reason to strike down a jury memebr |
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Opening statements |
Lay out theory of case. Talk directly to jury. Judge ensure no prejudicial errors occur. |
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Evidence |
Any type of our of that is pertinent real physical objects Testimonial Eyewitness testimony Circumstantial evidence.
Evidence must be competent material, relevant |
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Court process |
Opening statement Evidence presented Prosecution presents witnesses and evidence Defense offers testimony to refute prosecution Prosecution rebuttal and defense surrebuttal Closing arguments Charging the jury Jury deliberation Verdict given |