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Court Functions Flashcards

Court Functions

1
Q

Where our legal system originated

A

Ancient Romans

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2
Q

The purpose of the Roman legal system

A

To provide all citizens with easily accessible laws

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3
Q

Who is the person who files a lawsuit in a civil claim

A

The plaintiff

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4
Q

The person who caused a harm in a civil case or who committed a crime offense

A

The defendant

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5
Q

The person who brings charges in a criminal case

A

The prosecution/prosecutor

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6
Q

The problem in a civil dispute

A

Dispute between private parties, individuals or corporations

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7
Q

What the civil process seeks out

A

The truth

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8
Q

The problem in a criminal case/law

A

The violation of some criminal law; ordinance, state, or federal law

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9
Q

The penalties in a civil case/law

A

1) Reimbursement for loss
2) Punitive damages

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10
Q

Penalties in criminal case/law

A

1) Fines
2) Incarceration
3) Execution

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11
Q

How much time misdemeanors can cause someone to serve

A

1 year or less

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12
Q

How much time felonies can cause someone to serve

A

1 year or more

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13
Q

The burden of proof is always on this entity in a criminal case

A

Prosecution

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14
Q

Prosecution in a criminal case must prove the crime happened with this type of burden of proof

A

Beyond a reasonable doubt

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15
Q

Burden of proof in a civil case is this

A

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

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16
Q

What is discovery?

A

“No secrets” and everyone has to share their evidence in court

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17
Q

What are interrogatories?

A

1) Usually use in civil disputes
2) A formal request for further information
* Answers can be used in court!

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18
Q

What is a deposition?

A

1) Witness testimony given under oath
2) Usually part of pre-trial

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19
Q

Is a deposition one way or a two-way Q&A?

A

One way, plaintiff –> defendant or defendant –> plaintiff

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20
Q

What are the two types of summons?

A

1) Judicial
2) Administrative

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21
Q

What is a judicial summons?

A

A legal document issued by a court

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22
Q

What is an administrative summons?

A

A legal document issued by another government agency

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23
Q

What is service of process?

A

Giving official legal notice to someone

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24
Q

When is a police officer immune from civil liability?

A

1) Acting within the scope of their duties
2) Engaged in the discharge of government duties
3) Conduct does not amount to gross negligence

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25
Q

What are the two amendments that cause my civil liability for police officers?

A

1st and 4th

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26
Q

What are the consequences of be subject to civil liability as a police officer?

A

1) Internal investigation
2) Civil damages
3) Criminal charges

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27
Q

What are other common reasons police are sued?

A

1) Unreasonable use of force
2) Violation of department policy
3) Violation of constitutional rights (search and seizure)

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28
Q

What is an intentional tort?

A

1) Intentional act
2) Failure to take action
3) Non-criminal action

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29
Q

What is a constitutional tort?

A

1) Violation of the constitutional right of another
2) Non criminal action
* Bad, but will not land you in jail

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30
Q

What is negligence?

A

An act or omission causing injury
Is the opposite of diligence

31
Q

What are the 5 elements of negligence?

A

1) Duty of care
2) Breach of duty
3) Factual causation
4) Legal causation
5) Damage

32
Q

What is duty of care?

A

Legal obligation requiring a person to adhere to standard of reasonable care while performing acts that could foreseeable harm others.

33
Q

What is breach of duty?

A

When a person is owed a duty of care and they have been denied this care

34
Q

What is factual causation?

A

The causal relationship between the act and result or harm/loss

35
Q

What are the two types of damages?

A

1) Compensatory
2) Punitive

36
Q

What are compensatory damages?

A

Money paid to a person who was wronged in a civil matter

37
Q

What are punitive damages?

A

Money paid by the defendant to deter future or similar action caused by the original damage

38
Q

What is 42 USC 1983?

A

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

39
Q

What is vicarious liability?

A

Secondary liability?
Ex: Parents host a party and kids get drunk and hurt someone. Parents are liable.

40
Q

Michigan Court ranks

A

1) District
2) Circuit
3) Circuit/family division

41
Q

What geographical area does a district court cover?

A

A city

42
Q

What geographical area does a circuit court cover?

A

A county

43
Q

What is a district court responsible for?

A

Infractions
2) Misdemeanors
3) Civil cases under $10k
4) Landlord tenant laws
5) Felony pre-trial hearings

44
Q

What is a circuit court responsible for?

A

1) Civil cases greater than $10k
2) Felony criminal cases
3) Trial and adjudication

45
Q

What is a circuit court/family division responsible for?

A

1) Personal protection orders
2) Adoption
3) Divorce
4) Guardian/Conservatorship
5) Juvenile matters

46
Q

What do judges do?

A

1) Issue warrants
2) Preside over court hearings
3) Act as a fact finder
4) Preside over trials

47
Q

What does dismiss without prejudice mean?

A

You can try the case again

48
Q

What does dismiss with prejudice mean?

A

The case is over

49
Q

What does a jury do?

A

1) Decide if guilty
2) Decide if not guilty
3) Hung jury

50
Q

Who is a defense attorney?

A

Defender of the accused

51
Q

Who is the prosecuting attorney?

A

Attorney on the side of the state

52
Q

What is a magistrate?

A
  • Another word for judge
  • They can act in place of a judge a district court level
53
Q

What is a jurisdiction?

A

Where your authority applies to make legal decisions (a defined area)

54
Q

What is a venue?

A

It’s a place

55
Q

What is “information and belief”?

A

Indicates that information, not from firsthand knowledge, is true.

*You believe someone had “x” happen to them based on their statement and other circumstances

56
Q

What is a complaint?

A

Case report alleging certain facts

57
Q

What is a warrant?

A

Formal written charge that a person committed and offense

58
Q

What is an indictment?

A
  • A formal charge that a person committed an offense
  • Usually reserved for felonies
59
Q

What is an arraignment?

A

1) Reading of complaint
2) Charges are read
3) Potential penalty read
4) Plea entered

60
Q

What is a preliminary hearing?

A

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

61
Q

What are pre-trial motions?

A

Use by lawyers to have the court
1) Answer questions
2) Make decisions on evidence and statements

62
Q

What is voire dire?

A

1) Questions asked to prospective jurors to determine potential bias
2) Used to select or reject jurors

63
Q

What is jury selection?

A

Either side can eliminate a juror for “cause” based on bias or potential connection to case

64
Q

What is double jeopardy?

A

Can’t be tried for same crime twice on the same set of facts

65
Q

What is “burden of proof”?

A

Amount of evidence needed to convict a person on a criminal charge

66
Q

What is preponderance of the evidence?

A

51% or more that the facts happened

67
Q

What is clear and convincing evidence?

A

A firm belief or conviction that an event occurred or an individual committed an offense

68
Q

What is beyond a reasonable doubt?

A

Highest burden of proof and required to convict in criminal court

69
Q

What is a plea agreement?

A

Prosecution offering a lesser charge or sentence for the defendant to plead guilty. Saves expenses and time.

70
Q

What is the appeal process?

A

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)

71
Q

What is sentencing?

A

1) Has guidelines
2) Pre-sentencing report
2a) Go over criminal history
2b) Determine re-offender likelihood

72
Q

What is a show up?

A

1) Happens immediately after a crime
2) Individual show to victim if the victim can identify

73
Q

What is a line up?

A

1) Victim presented a group of similar people or pictures of them
2) Gives victim chance to identify
3) Can not be “unduly” suggestive

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