Court Functions Flashcards
Court Functions
Where our legal system originated
Ancient Romans
The purpose of the Roman legal system
To provide all citizens with easily accessible laws
Who is the person who files a lawsuit in a civil claim
The plaintiff
The person who caused a harm in a civil case or who committed a crime offense
The defendant
The person who brings charges in a criminal case
The prosecution/prosecutor
The problem in a civil dispute
Dispute between private parties, individuals or corporations
What the civil process seeks out
The truth
The problem in a criminal case/law
The violation of some criminal law; ordinance, state, or federal law
The penalties in a civil case/law
1) Reimbursement for loss
2) Punitive damages
Penalties in criminal case/law
1) Fines
2) Incarceration
3) Execution
How much time misdemeanors can cause someone to serve
1 year or less
How much time felonies can cause someone to serve
1 year or more
The burden of proof is always on this entity in a criminal case
Prosecution
Prosecution in a criminal case must prove the crime happened with this type of burden of proof
Beyond a reasonable doubt
Burden of proof in a civil case is this
1) Shared
2) Initial burden is on plaintiff
3) Burden of proof is the “preponderance of evidence”
4) Defendant has to prove it did not happen
What is discovery?
“No secrets” and everyone has to share their evidence in court
What are interrogatories?
1) Usually use in civil disputes
2) A formal request for further information
* Answers can be used in court!
What is a deposition?
1) Witness testimony given under oath
2) Usually part of pre-trial
Is a deposition one way or a two-way Q&A?
One way, plaintiff –> defendant or defendant –> plaintiff
What are the two types of summons?
1) Judicial
2) Administrative
What is a judicial summons?
A legal document issued by a court
What is an administrative summons?
A legal document issued by another government agency
What is service of process?
Giving official legal notice to someone
When is a police officer immune from civil liability?
1) Acting within the scope of their duties
2) Engaged in the discharge of government duties
3) Conduct does not amount to gross negligence
What are the two amendments that cause my civil liability for police officers?
1st and 4th
What are the consequences of be subject to civil liability as a police officer?
1) Internal investigation
2) Civil damages
3) Criminal charges
What are other common reasons police are sued?
1) Unreasonable use of force
2) Violation of department policy
3) Violation of constitutional rights (search and seizure)
What is an intentional tort?
1) Intentional act
2) Failure to take action
3) Non-criminal action
What is a constitutional tort?
1) Violation of the constitutional right of another
2) Non criminal action
* Bad, but will not land you in jail
What is negligence?
An act or omission causing injury
Is the opposite of diligence
What are the 5 elements of negligence?
1) Duty of care
2) Breach of duty
3) Factual causation
4) Legal causation
5) Damage
What is duty of care?
Legal obligation requiring a person to adhere to standard of reasonable care while performing acts that could foreseeable harm others.
What is breach of duty?
When a person is owed a duty of care and they have been denied this care
What is factual causation?
The causal relationship between the act and result or harm/loss
What are the two types of damages?
1) Compensatory
2) Punitive
What are compensatory damages?
Money paid to a person who was wronged in a civil matter
What are punitive damages?
Money paid by the defendant to deter future or similar action caused by the original damage
What is 42 USC 1983?
Deprivation of rights under the color of law
*You are not allowed to willfully deprive a right or privilege of anyone protected by the U.S. constitution or laws of the United States
What is vicarious liability?
Secondary liability?
Ex: Parents host a party and kids get drunk and hurt someone. Parents are liable.
Michigan Court ranks
1) District
2) Circuit
3) Circuit/family division
What geographical area does a district court cover?
A city
What geographical area does a circuit court cover?
A county
What is a district court responsible for?
Infractions
2) Misdemeanors
3) Civil cases under $10k
4) Landlord tenant laws
5) Felony pre-trial hearings
What is a circuit court responsible for?
1) Civil cases greater than $10k
2) Felony criminal cases
3) Trial and adjudication
What is a circuit court/family division responsible for?
1) Personal protection orders
2) Adoption
3) Divorce
4) Guardian/Conservatorship
5) Juvenile matters
What do judges do?
1) Issue warrants
2) Preside over court hearings
3) Act as a fact finder
4) Preside over trials
What does dismiss without prejudice mean?
You can try the case again
What does dismiss with prejudice mean?
The case is over
What does a jury do?
1) Decide if guilty
2) Decide if not guilty
3) Hung jury
Who is a defense attorney?
Defender of the accused
Who is the prosecuting attorney?
Attorney on the side of the state
What is a magistrate?
- Another word for judge
- They can act in place of a judge a district court level
What is a jurisdiction?
Where your authority applies to make legal decisions (a defined area)
What is a venue?
It’s a place
What is “information and belief”?
Indicates that information, not from firsthand knowledge, is true.
*You believe someone had “x” happen to them based on their statement and other circumstances
What is a complaint?
Case report alleging certain facts
What is a warrant?
Formal written charge that a person committed and offense
What is an indictment?
- A formal charge that a person committed an offense
- Usually reserved for felonies
What is an arraignment?
1) Reading of complaint
2) Charges are read
3) Potential penalty read
4) Plea entered
What is a preliminary hearing?
Pre-trial court hearing to see if sufficient evidence exists to move forward
1) Is there probable cause to believe crime occurred
2) Is there probable cause to believe the defendant committed the crime
3) Is this court the right place to hear the case
What are pre-trial motions?
Use by lawyers to have the court
1) Answer questions
2) Make decisions on evidence and statements
What is voire dire?
1) Questions asked to prospective jurors to determine potential bias
2) Used to select or reject jurors
What is jury selection?
Either side can eliminate a juror for “cause” based on bias or potential connection to case
What is double jeopardy?
Can’t be tried for same crime twice on the same set of facts
What is “burden of proof”?
Amount of evidence needed to convict a person on a criminal charge
What is preponderance of the evidence?
51% or more that the facts happened
What is clear and convincing evidence?
A firm belief or conviction that an event occurred or an individual committed an offense
What is beyond a reasonable doubt?
Highest burden of proof and required to convict in criminal court
What is a plea agreement?
Prosecution offering a lesser charge or sentence for the defendant to plead guilty. Saves expenses and time.
What is the appeal process?
1) Losing parties can appeal the decision
2) State appeals to Michigan Court of Appeals (civil and criminal)
3) Federal appeals go to U.S. Court of Appeals (civil and criminal)
What is sentencing?
1) Has guidelines
2) Pre-sentencing report
2a) Go over criminal history
2b) Determine re-offender likelihood
What is a show up?
1) Happens immediately after a crime
2) Individual show to victim if the victim can identify
What is a line up?
1) Victim presented a group of similar people or pictures of them
2) Gives victim chance to identify
3) Can not be “unduly” suggestive
