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Intro To Criminal Law > Courts, Crimes And Courtroom Procedures > Flashcards

Courts, Crimes And Courtroom Procedures Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Structure of Federal Courts

A
  • district courts
  • circuit Court of appeals
  • US Supreme Court
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2
Q

What court functions as fact finding court

A

District court

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3
Q

What court reviews the laws and uses lower courts

A

Circuit Court of appeals

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4
Q

Highest law of the land court

A

US Supreme Court

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5
Q

SC district Court is under the jurisdiction of what # circuit Court of appeals?

A

4th circuit

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6
Q

What 2 courts are included in Summary Courts

A
  • Magistrate courts
  • Municipal courts
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7
Q

Jurisdictions of magistrate and municipal courts

A

Maximum penalty of 500$ fine and 30 days prison

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8
Q

Functions of Magistrate court

A

Issues arrest/search warrants and sets bail for crimes

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9
Q

Functions of municipal court

A

Same as Magistrate and hears cases involve city ordinances

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10
Q

2 branches of Circuit Court

A

Common pleas = civil
General sessions = criminal

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11
Q

Functions of Circuit Court

A
  • hears all cases from summary courts
  • sets bail for life or death sentences
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12
Q

Family Court Functions

A

Handles domestic and juvenile cases

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13
Q

Jurisdiction of Family Court

A

All cases involving juveniles under age of 18

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14
Q

How state can can be reviewed in federal court

A

Need a writ of certiorari

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15
Q

A petition for courts to hear your case

A

Writ of Certiorari

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16
Q

Origin of criminal law

A

Ancient Sumeria

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17
Q

Common law is

A

Court decisions

18
Q

Statutory law is

A

Legislative created laws

19
Q

Accused Rights in criminal trial

A

Right to..
- speedy trail
- jury trial
- county where crime was committed
- counsel for his defense
- privilege against self incrimination

20
Q

Ammendment protect you against self incrimination?

A

5th amendment “ I plead the 5th”

21
Q

Ammendment that protects you with a trail by jury and speedy trial

A

6th Ammendment

22
Q

The level of proof any given party must provide in criminal trial

A

Burden of proof

23
Q

Belief there is a possibility a defendant is not guilty

A

Reasonable Doubt

24
Q

Prosecution or sentence twice for the same offense

A

Double Jeopardy

25
Q

Ammendment that protects you against Double Jeopardy

A

5th Amendment

26
Q

Critical Elements of a charge

A
  • jurisdiction
  • ID
  • Physical Action
  • mental intent
27
Q

Nol Pros

A

Not wish to prosecute

28
Q

Different stages of criminal case

A
  • crime occurs
  • arrest/bond hearing
  • grand jury
  • arraignment
  • plea hearing
29
Q

A program for the disposition of a criminal charge without a trial

A

Diversionary Programs

30
Q

3 Diversionary Programs

A
  • pre trial intervention (PTI)
  • Alcohol Education Program (AEP)
  • Veterans Court
31
Q

Decides questions of Law

A

Judge

32
Q

Decides questions of fact

A

Jury

33
Q

Prosecute’s the case on behalf of the state

A

Solicitor

34
Q

Represents the defendant

A

Defense attorney

35
Q

Keeps documents/ swears in witnesses

A

Clerk of Courts

36
Q

Records all that is said in court

A

Court reporter

37
Q

Assists the court as needed

A

Bailiff

38
Q

Who may prosecute a criminal case in South Carolina?

A
  • An attorney hired by the state
  • the arresting officer
  • licensed security guard
39
Q

Described criminal trial process

A
  • pre trial motions
  • jury selection
  • opening statement
  • State’s Case-in-chief
  • mid trial motions
  • defenses Case-in-chief
  • closing arguments
  • jury instructions
  • jury deliberations
  • verdict
40
Q

Leading Questions are

A

Yes or No questions

41
Q

Open Ended Questions

A

Who, What, When, Where, Why and How questions

Intro To Criminal Law (2 decks)

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