chapter 13 Flashcards

1
Q

a practice area concerned with legal issues involving family relationships, such as adoption, divorce, and child custody

A

family law

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2
Q

a legal process that deals with the assets and debts left behind after someone dies. What kind of court is this supervised by?

A

probate law; probate court

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3
Q

a serious criminal offense that subjects a person to fines or imprisonment

A

felony

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4
Q

a minor criminal offense usually punishable by a small fine or short jail sentence

A

misdemeanor

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5
Q

a suspension of the prison sentence and community supervision; the defendant must meet requirements imposed by the court

A

probation

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6
Q

a release after serving some prison time, under specified rules and under the supervision of its officer

A

parole

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7
Q

an amount of money given to a court to allow a prisoner to leave jail and return later for a trial

A

bail

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8
Q

in some counties, an elected official who prosecutes misdemeanor cases

A

County attorney

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9
Q

a public official who prosecutes the more serious criminal cases in district court

A

district attorney

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10
Q

private lawyers, paid by the county, who are appointed by judges to provide legal representation for poor people

A

assigned counsel

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11
Q

a salaried lawyer, funded by the government or grants, who represent poor people

A

public defender

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12
Q

percent of court appointed lawyers in misdemeanor cases

A

47% incarcerated

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13
Q

percent of retained lawyers in misdemeanor cases

A

28% incarcerated

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14
Q

percent of court appointed lawyers in felony cases

A

42% incarcerated

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15
Q

percent of retained lawyers in felony cases

A

22% incarcerated

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16
Q

case that focused on issues of crowding, security and supervision, health care, discipline, and access to the courts (dealt with Texas prisoners)

A

Ruiz v. Estelle

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17
Q

in 2020, what was the number of prison inmates per 100,000 of the of population in Texas?

A

608

18
Q

What rank is Texas in incarceration rates and crimes committed

A

5th in incarceration rate, and 16th in crimes committed

19
Q

which state ranks first in incarceration rate?

A

Louisiana

20
Q

which state has more verified wrong convections than any other state

A

Texas

21
Q

the courts focused on the arbitrary nature with which death sentences have been imposed, often indicating a racial bias against black defendants

A

Furman vs Georgia (1972)

22
Q

the court enunciated the “exclusionary rule” to prevent policy and prosecutors from using evidence that had been obtained from warrantless and unreasonable searches

A

Mapp v Ohio (1961)

23
Q

a plea indicating a defendant’s decision not to contest a criminal charge

A

Nolo Contendere

24
Q

which amendment says “I have the right not to incriminate myself” (forbids double jeopardy)

A

5th Amendment

25
Q

suspect must explicitly invoke their rights - not just remain silent. After 3 hours, the answer was “yes”

A

Berghuis v Thompkins (2010)

26
Q

the prosecution of a person twice for the same offense

A

double jeopardy

27
Q

double jeopardy didn’t apply to the states until what year and after which trial?

A

1964, Benton vs Maryland

28
Q

the court mandated that prior to questioning, a suspect must be informed of her or his constitutional rights such as the right to remain silent and the right to an attorney

A

Miranda v Arizona (1966)

29
Q

case that said you have the right to a lawyer in a felony case

A

Gideon v Wainwright (1963)

30
Q

provides that the accused must have a speedy and public trial by an impartial jury

A

6th amendment

31
Q

case where the court allowed the execution of a convicted murderer who had the intelligence of a 7-year-old

A

Penry v Lenaugh (1989)

32
Q

case where the court allowed the execution of a minor who had been convicted of murder

A

Sanford v Kentucky (1989)

33
Q

case that overturned Penry v Lenaugh

A

Atkins vs Virginia

34
Q

case that overturned Sanford v Kentucky

A

Roper v Simmons

35
Q

in Texas, who may vote upon full discharge of sentences

A

ex-felons

36
Q

these are granted by the Texas Board of Pardons and Paroles

A

pardons

37
Q

how many people consists of the grand jury

A

12 people

38
Q

an agreement between the prosecutor and the defendant whereby the defendant agrees to plead guilty

A

plea bargain

39
Q

which city ranks #1 in murder rate?

A

Jackson Mississippi

40
Q

crime with highest clearance rate is what?

A

murder

41
Q

amendment that has to do with search and seizure

A

4th amendment