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Block 1 > Courts, Crimes, Courtroom Procedures > Flashcards

Courts, Crimes, Courtroom Procedures Flashcards

1
Q

Structure of U.S./Federal court system

A

District, Circuit, Supreme

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2
Q

Lowest level Federal Court, appeal to circuit court

A

District court

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3
Q

Second highest level Federal Court, handle all appeals from district court

A

Circuit Court

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4
Q

South Carolina Circuit Court

A

4th Circuit Court

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5
Q

Highest level of Federal Court

A

U.S. Supreme Court

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6
Q

S.C. Courts

A

Summary-Magistrate/City, Circuit-Civil/Criminal, Family Court, Probate Court, Master-in-Equity, Court of Appeals, Supreme Court

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7
Q

Issues search and arrest warrants, Sets bail for crimes except cases involving life or death, Hears trials in criminal cases where the maximum penalty is $500 fine and thirty (30) days imprisonment

A

Summary-Magistrate Court

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8
Q

Same criminal powers as Magistrate courts, Also hear cases involving violations of city ordinances

A

Summary-City/Municipal Court

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9
Q

Two branches: one for civil matters and one for criminal matters, Trial court that hears all cases not heard by Summary courts, Hears appeals from Summary courts, Sets bond for cases involving life or death sentences

A

S.C. Circuit Court

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10
Q

Generally, has jurisdiction over all cases involving domestic matters and cases concerning the welfare or behavior of any child under the age of 18, Juvenile criminal/delinquency cases are heard by this court, No jury trials

A

Family Court

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11
Q

Has jurisdiction over matters involving wills, estates, guardian ad litem and mental competency issues. It does NOT have any criminal jurisdiction

A

Probate Court

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12
Q

Best thought of as a court of “fairness”, Has jurisdiction over matters referred to it from Circuit Court, foreclosure, partition of real and personal property, and guardian ad litem, does not have any criminal jurisdiction

A

Master-in-Equity

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13
Q

Reviews criminal and civil cases from lower courts, Hears all criminal appeals except death penalty cases, Is a “court of law”

A

S.C. Court of Appeals

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14
Q

Highest authority for appeal in South Carolina

A

S.C. Supreme Court

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15
Q

S.C. Supreme Court hears appeals in 2 ways

A

direct appeals, writ of certiorari

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16
Q

7 categories of cases that go directly to S.C. Supreme Court

A

death, penalty, public utility rates

17
Q

discretion of the Supreme Court to hear or not hear cases as it
chooses. If the Supreme Court agrees to hear the case, it will grant a

A

writ of certiorari

18
Q

first example of a written code of laws comes from ancient

A

Sumeria in modern-day Iraq

19
Q

is a harm against society

A

criminal law

20
Q

is a harm against an individual

A

civil law

21
Q

S/He is entitled to:
(1) A speedy trial
(2) A jury trial
(3) Be tried in the county where the crime was committed, and
(4) Be confronted by witnesses against him.
b. S/He is also entitled to:
(1) Counsel for his/her defense,
(2) A privilege against self-incrimination,
(3) Compulsory process for obtaining witnesses on his/her behalf

A

Accused’s Rights in a Criminal Trial

22
Q

covers both civil and criminal matters

A

Common law

23
Q

a party’s duty to prove a disputed assertion or charge, level of evidence a party must present in order to be successful at any given stage in the legal process

A

Burden of proof

24
Q

The doubt that prevents one from being firmly convinced of a defendant’s guilt, or the belief that there is a real possibility that a defendant is not guilty

A

reasonable doubt

25
Q

the fact of being prosecuted or sentenced twice for substantially the
same offense

A

Double Jeopardy

26
Q

Critical Elements of Proof

A

Jurisdiction, Identification of the defendant, Physical action, Mental intent

27
Q

STAGES OF A CRIMINAL CASE IN SOUTH CAROLINA

A
  1. Crime Occurs 2. Arrest/Bond Hearing 3. Preliminary Hearing 4. Grand Jury 5. Arraignment 6. Pre-trial Hearings and Plea Hearings
28
Q

a program for the disposition of a criminal charge without a criminal trial; sometimes called operation de nova, intervention, or deferred prosecution

A

DIVERSIONARY PROGRAMS

29
Q

Pre-Trial Intervention, Alcohol Education Program, Veteran’s Court

A

DIVERSIONARY PROGRAMS

30
Q

WHO MAY PROSECUTE A CRIMINAL CASE IN SOUTH CAROLINA

A
  1. Attorneys hired to represent the State in criminal cases
  2. The arresting officer 3. The arresting officer’s supervisor 4. A licensed security guard
31
Q

Order of Trial

A
  1. Pre-trial Motions, 2. Impanel a Jury, 3. Opening Statements, 4. The State’s Case-in-Chief, 5. The State rests and mid-trial motions, 6. Defense’s Case-in-Chief, 7. Closing Arguments, 8. Jury Instructions, 9. Jury Deliberations, 10. Verdict

Block 1 (5 decks)

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