Class Notes pt. 1 Flashcards

1
Q

The federal __________ acts as the baseline for law in all states

A

Constitution

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2
Q

Nevada is under the _____ __________ _______

A

Dual Sovereignty Doctrine

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3
Q

When is Double Jeopardy?

A

when one soveign tries to charge someone for the same crime

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4
Q

True or False: people can be tried in both courts because federal and state courts are different

A

True

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5
Q

people can be tried in both courts because federal and state courts are different, except in _________

A

Nevada

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6
Q

When can a person be charged twice?

A

If it’s in two different soverigns, this is due to Dual Sovereignty Doctrine

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7
Q

Is it double jeopardy if it is differnt crimes form the same event?

A

No

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8
Q

Does it count as double jeopardy if going from state court to federal court?

A

No

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9
Q

What is jurisdiction?

A

what causes a court can hear and what type of case it is

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10
Q

What are the 3 different types of courts?

A

1) appellate court
2) origina/general court
3) limited court

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11
Q

The _______ is where the case actually happens or is heard

A

Venue

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12
Q

True or False: if someone commits a crime in both states they can be prosecuted in only one of the states

A

False; if someone commits a crime in both states they can be prosecuted in different states

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13
Q

True or False: According to Double Jepoardy, if you commit two different robberies you can only be charged with one

A

False; you can be charged with twice with two similar yet different crimes

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14
Q

______ is an area within the jurisdiction

A

venue

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15
Q

__________= stare decisis

A

precedent

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16
Q

__________- the decisions that have been already made

A

precedent

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17
Q

Both Supreme Courts have the ability to _______ or ______ laws

A

change

define

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18
Q

List the federal court system from top to bottom.

A

1) U.S. Supreme Court
2) Circuit Court of Appeals
3) U.S. District Court

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19
Q

What is located under the U.S. District Courts?

A

1) Article 3 Trial Judges

2) Magistrate Judges

20
Q

List the Nevada (State) court system from top to bottom.

A

1) Nevada Supreme Court
2) Court of Appeals
3) District Courts
4) Justice + Municipal Court

21
Q

U.S. District Court, is also known as _____ ______

A

trial court

22
Q

Article III refers to Article 3 of the ___________

A

constitution

23
Q

______ __ judges are appointed for life

A

Article 3

24
Q

How many federal courts are in Nevada?

A

2

25
Q

Magistrate Judges hold __yrs terms

A

8

26
Q

_________ Judges are appointed

A

Magistrate

27
Q

Magistrate Judges do ___________ (less than a year) _____

A

misdemeanor

trials

28
Q

Magistrate Judges hear ________ ___________ for felonies

A

initial appearances

29
Q

______ _____ ___ ________ have to hear all cases and hear appeals from U.S. District Courts

A

Circuit Court of Appeals

30
Q

Circuit Court of Appeals have to hear all cases and hear appeals from ___ _______ ______

A

U.S. District Courts

31
Q

Circuit Court of Appeals have to hear all ______ and hear ______ from U.S. District Courts

A

cases

appeals

32
Q

True or False: the U.S. Supreme Court has to hear all cases

A

False; the U.S. Supreme Court does not have to hear all cases

33
Q

The U.S. Supreme Court hears appeals from _______ ______ __ _______

A

Circuit Court of Appeals

34
Q

If the U.S. Supreme Court decides not to take a case, then which court makes the final decision?

A

Circuir Court of Appeals

35
Q

________ and _________ Court handles demeanors

A

Justice

Municipal

36
Q

Most courts have an intermediate _______ ___ _______

A

court of appeals

37
Q

The ____ ___ ______ was first implemented in the federal government

A

Bill of Rights

38
Q

What makes up the 4th Amendment?

A

-searches & seizures

39
Q

What makes up the 5th Amendment?

A
  • self-incrimination
  • double jeopardy
  • grand jury indictment
  • due process
40
Q

What makes up the 6th Amendment?

A
  • speedy trial
  • confront witnesses
  • impartial jury
  • accusation
  • right to counsel
41
Q

What makes up the 8th Amendment?

A
  • cruel and unusal punishment

- excessive bail

42
Q

What makes up the 14th Amendment?

A
  • due process

- equal protection

43
Q

Grand jury indictment is just a _______ right

A

federal

44
Q

________ _____= self incrimination case

A

Miranda Case

45
Q

What constitutes a speedy trial?

A

is generally within 120 days; is not heavily enforced; is often waved

46
Q

What is the difference between due process and equal protection?

A

due process- everyone goes through a fair procedure

equal protection- you treat people who are similar in the same way

47
Q

The doctrine of selective incorporation is under which amendment?

A

14th Amendment