7-26 Flashcards

1
Q

Plaintiff

A

Person who sues - “The plaintiff filed a lawsuit against the company for damages.”

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2
Q

Defendant

A

Person who is been sued - “The defendant is pleading not guilty to the charges.”

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3
Q

Witness

A

Person who gives testimony about the facts - “The witness identified the suspect in court.”

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4
Q

Prosecutor

A

The government’s lawyer in a criminal case - “The prosecutor presented the evidence against the defendant.”

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5
Q

Public defender

A

Attorney who defends criminal - “The public defender is representing the defendant in this case.”

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6
Q

Defense witness

A

Person(s) who testifies for defendant - “The defense witness provided an alibi for the accused.”

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7
Q

Assistant district attorney

A

Is the state court attorney - “The assistant district attorney is handling the case on behalf of the state.”

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8
Q

Assistant U.S. attorney

A

Attorney in federal court case - “The assistant U.S. attorney is prosecuting the case on behalf of the government.”

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9
Q

Court clerk

A

He administers oath. Usually called courtroom deputy - “The court clerk swears in the witness before they testify.”

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10
Q

Misdemeanor

A

Defendant does not have to appear in court. Attorney can represent - “The defendant’s lawyer can appear on their behalf for the misdemeanor charge.”

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11
Q

Misdemeanor charge

A

Arrest & formal charges; First appearance; Pretrial negotiations; Trial - “The defendant was arraigned for the misdemeanor charge.”

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12
Q

Felony

A

Defendant must appear in court - “The defendant is required to be present for the felony trial.”

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13
Q

Felony lower court

A

Arrest & formal charges; 1st appearance; Preliminary settings; Pre-trial negotiations; Probable cause hearing, Grand jury - “The case is proceeding through the felony lower court process.”

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14
Q

Felony for cases going to trial

A

Arraignment; Motions and settlement conferences; Trial, and Sentencing - “The defendant’s attorney is preparing for the felony trial.”

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15
Q

An interpreter shall render Consecutive

A

The interpreter provided consecutive interpretation during the trial.

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16
Q

Mandatory method for interpreting at the witness stand Consecutive

A

The interpreter used the consecutive method for interpreting at the witness stand.

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17
Q

The interpreter hired by the court in a criminal case may refer attorneys to a defendant only if the defendant asks directly

A

The interpreter must follow the ethical guidelines and refrain from providing unsolicited information to the attorneys.

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18
Q

To become familiar with a particular case, the interpreter must request and review the case file

A

The interpreter requested access to the case file to prepare for the trial.

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19
Q

At which proceeding is the defendant informed of charges against him/her and asked to enter a plea?

A

Arraignment - The defendant was informed of the charges and asked to enter a plea during the arraignment.

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20
Q

An interpreter is interpreting for the defendant on the witness stand. At some point, he/she realizes an interpretation error was made earlier in the testimony. The interpreter should immediately inform the court of the error

A

During the defendant’s testimony, the interpreter noticed a mistake and promptly informed the court of the error.

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21
Q

In a criminal proceeding, which party has the burden of proof

A

Prosecution - The burden of proof lies with the prosecution to prove the defendant’s guilt beyond a reasonable doubt.

22
Q

If a witness uses a term an interpreter is unfamiliar with, the interpreter should inform the court of the problem and ask for permission to consult a dictionary or inquire with the witness

A

When the witness used an unfamiliar term, the interpreter sought permission from the court to consult a dictionary for clarification.

23
Q

When an attorney cites points and authorities, he/she tells the court what precedent decisions it must follow in deciding the case

A

The attorney provided points and authorities to support his argument to the court.

24
Q

If counsel mistakes the facts, the interpreter should interpret the misstatement because it could be an on-purpose mistake

A

The interpreter faithfully conveyed the counsel’s misstatement to the court.

25
Q

If the defendant asks what the consequences are for pleading guilty, the interpreter must refer the question to the attorney

A

The interpreter redirected the question to the defendant’s attorney.

26
Q

The interpreter is free to speak with any member of the jury when the jury has been dismissed

A

Once the jury was dismissed, the interpreter had a conversation with one of the jurors.

27
Q

A defendant who represents himself/herself is designated pro se

A

The defendant has chosen to represent himself/herself in court.

28
Q

Counts in an indictment or information are the allegations of distinct separate offenses

A

The indictment listed multiple counts against the defendant.

29
Q

At a preliminary hearing, the judge may not determine the guilt or innocence of the defendant

A

The judge’s role in a preliminary hearing is to assess whether there is enough evidence to proceed with the trial.

30
Q

Probable cause is a requisite element of a valid search and seizure or arrest

A

The police need probable cause to conduct a search or make an arrest.

31
Q

An adjudication hearing is a term used for a portion of a juvenile proceeding

A

During the adjudication hearing, the court determines whether the juvenile is responsible for the alleged offense.

32
Q

A voir dire interrogation is made to determine qualifications or competency for an expert witness

A

The attorney conducted a voir dire to assess the expertise of the witness.

33
Q

To impanel a jury is to choose a jury

A

The court impaneled a jury to hear the case.

34
Q

Nolo contendere means “I will not contest the charges”

A

The defendant entered a plea of nolo contendere.

35
Q

To impeach a witness is to discredit a witness

A

The attorney attempted to impeach the credibility of the witness during cross-examination.

36
Q

A cursory search is a superficial search

A

The officer conducted a cursory search of the suspect’s vehicle.

37
Q

To waive means to relinquish. Give up

A

The defendant decided to waive his right to counsel and represent himself.

38
Q

A rebuttal is a refutation

A

The attorney presented a strong rebuttal to the prosecution’s arguments.

39
Q

To remand a defendant is to send back into custody

A

The court remanded the defendant to custody after the bail was revoked.

40
Q

To serve a subpoena means to deliver a subpoena

A

The process server served the subpoena to the witness.

41
Q

The defense rests means the defense has finished presenting its case

A

After calling their final witness, the defense attorney announced, “The defense rests.”

42
Q

To sustain an objection means to agree to an objection

A

The judge sustained the objection, and the witness’s statement was stricken from the record.

43
Q

If the interpreter is sure the person for whom he/she is interpreting is lying, the interpreter should interpret what is said

A

The interpreter must faithfully interpret what is said, even if they believe the person is lying.

44
Q

A hung jury is one that cannot reach a verdict

A

After deliberating for several days, the jury was unable to reach a unanimous verdict, resulting in a hung jury.

45
Q

A receding hairline

A

He had a receding hairline that made him look older than he was.

46
Q

A splitting image

A

The child was a splitting image of his father.

47
Q

Pink lips

A

Her pink lips added a touch of elegance to her smile.

48
Q

A ringing in one’s ear

A

After the concert, she had a ringing in her ear from the loud music.

49
Q

A stuffy person

A

The stuffy old man refused to try anything new.

50
Q

A frog in her throat

A

She couldn’t sing well because she had a frog in her throat.