court process Flashcards
define rules of evidence
Essential the rules of the game that deal with the admission of evidence in a trial.
rule of evidence ensures?
These rules ensure that there is fairness in the trial process
Ensures that relevant evidence is admitted
Protects against unfair evidence from being admitted
gate keeper
the judge, decides on what evidence is admissible at trial.
fourth amendment
i. Protection from search and seizure without probable cause and search warrant based upon an affidavit
ii. Must be particularized and not a general warrant
fifth amendment
i. Due process
ii. Self-incrimination
iii. Double jeopardy
confrontation clause
Although evidence may be admissible pursuant to the rules of evidence as an exception to hearsay, that same evidence must be considered under the Confrontation Clause of the 6th Amendment to the United States Constitution.
sixth amendment
Right to jury
Right to attorney
Right to compulsory process
14th amendment
Due process clause makes fourth, fifth and sixth amendments applicable to the states
habeas corpus
bring the body,
petition is a petition to a federal trial court that can be made only after all regular appeals have been exhausted.
judicial notice
trial court may accept a fact as having been proved without wither party putting on evidence
direct evidence
the testimony given by a witness who has seen or heard the facts to which he or she testifies. It includes the exhibit(s) admitted into evidence during the trial.