Court Flashcards
Jurisdiction types (7)
Geographical, hierarchal Original Appellate fed question diversity supplemental
Specialized courts
Problem solving courts
amend 1
religion speech, press
amend 2
militia bear arms
amend 3
soldiers quartered in homes
amend 4
unreasonable search seizure warrants
amend 5
double jep, witness against self
amend 6
fair speedy trial jury assistance of counsel
amend7
trial by jury
amend 8
excessive bail, cruel unusual
amend 9
all citizens equal
amend 10
power not given in const belong to state or people
supreme court in session
first monday Oct to june-July
Juvenile waivers (types 3)
Discretionary Presumptive, Mandatory
federal Judges seated
by pres, with approval of state sen usually
Judicial review, Constitution supreme law (case)
Marbury v Madison
No jury for minors (case)
Mc Kiever v penn
reasonable doubt not preponderance (case)
re winship
juveniles notified of charges, counsel, confront witnesses, no self incrim (case)
re Gault
juveniles entitled to hearing, reasoning for adult court (case)
Kent vs US
no death penalty for 15(case)
thompson v OK
no deadly for fleeing unless threat of harm to officers or others
Tennessee v Garner
search warrant still necessary for public areas
Katz v US
public employees retain free speech
Pickering v US
juvenile tried as adult without judicial discretion
statutory exclusion
law of succession
rules about passing inheritance
procedural due process
process of conviction
substantive due process
courts preventing government from interfering with rights
common law
unwritten accepted rules of behavior
goes beyond denying charge, proof of innocence
Affirmative defense
types of sentences (6)
monetary, probation, sanctions, shaming, forfeiture, prison
Amicus brief
friend of court brief to influence court
body of proof
corpus delicti
the criminal act
actus reus
intent guilty mind
mens rea
habeus corpus
finding confinement unconstitutional
executive control
exec branch appoints judges and prosecutors take cases to them
en banc
all judges from circuit hear the case and make decision
testimony under oath
deposition
written statement confirmed by oath
affidavit
both parties learn evidence being presented
discovery
pretrial hearing determine? (3)
was act committed, jurisdiction, accused likely guilty
