Class Notes pt. 1 Flashcards
The federal __________ acts as the baseline for law in all states
Constitution
Nevada is under the _____ __________ _______
Dual Sovereignty Doctrine
When is Double Jeopardy?
when one soveign tries to charge someone for the same crime
True or False: people can be tried in both courts because federal and state courts are different
True
people can be tried in both courts because federal and state courts are different, except in _________
Nevada
When can a person be charged twice?
If it’s in two different soverigns, this is due to Dual Sovereignty Doctrine
Is it double jeopardy if it is differnt crimes form the same event?
No
Does it count as double jeopardy if going from state court to federal court?
No
What is jurisdiction?
what causes a court can hear and what type of case it is
What are the 3 different types of courts?
1) appellate court
2) origina/general court
3) limited court
The _______ is where the case actually happens or is heard
Venue
True or False: if someone commits a crime in both states they can be prosecuted in only one of the states
False; if someone commits a crime in both states they can be prosecuted in different states
True or False: According to Double Jepoardy, if you commit two different robberies you can only be charged with one
False; you can be charged with twice with two similar yet different crimes
______ is an area within the jurisdiction
venue
__________= stare decisis
precedent
__________- the decisions that have been already made
precedent
Both Supreme Courts have the ability to _______ or ______ laws
change
define
List the federal court system from top to bottom.
1) U.S. Supreme Court
2) Circuit Court of Appeals
3) U.S. District Court
What is located under the U.S. District Courts?
1) Article 3 Trial Judges
2) Magistrate Judges
List the Nevada (State) court system from top to bottom.
1) Nevada Supreme Court
2) Court of Appeals
3) District Courts
4) Justice + Municipal Court
U.S. District Court, is also known as _____ ______
trial court
Article III refers to Article 3 of the ___________
constitution
______ __ judges are appointed for life
Article 3
How many federal courts are in Nevada?
2
Magistrate Judges hold __yrs terms
8
_________ Judges are appointed
Magistrate
Magistrate Judges do ___________ (less than a year) _____
misdemeanor
trials
Magistrate Judges hear ________ ___________ for felonies
initial appearances
______ _____ ___ ________ have to hear all cases and hear appeals from U.S. District Courts
Circuit Court of Appeals
Circuit Court of Appeals have to hear all cases and hear appeals from ___ _______ ______
U.S. District Courts
Circuit Court of Appeals have to hear all ______ and hear ______ from U.S. District Courts
cases
appeals
True or False: the U.S. Supreme Court has to hear all cases
False; the U.S. Supreme Court does not have to hear all cases
The U.S. Supreme Court hears appeals from _______ ______ __ _______
Circuit Court of Appeals
If the U.S. Supreme Court decides not to take a case, then which court makes the final decision?
Circuir Court of Appeals
________ and _________ Court handles demeanors
Justice
Municipal
Most courts have an intermediate _______ ___ _______
court of appeals
The ____ ___ ______ was first implemented in the federal government
Bill of Rights
What makes up the 4th Amendment?
-searches & seizures
What makes up the 5th Amendment?
- self-incrimination
- double jeopardy
- grand jury indictment
- due process
What makes up the 6th Amendment?
- speedy trial
- confront witnesses
- impartial jury
- accusation
- right to counsel
What makes up the 8th Amendment?
- cruel and unusal punishment
- excessive bail
What makes up the 14th Amendment?
- due process
- equal protection
Grand jury indictment is just a _______ right
federal
________ _____= self incrimination case
Miranda Case
What constitutes a speedy trial?
is generally within 120 days; is not heavily enforced; is often waved
What is the difference between due process and equal protection?
due process- everyone goes through a fair procedure
equal protection- you treat people who are similar in the same way
The doctrine of selective incorporation is under which amendment?
14th Amendment
