Courts Exam Flashcards
Powell vs Alabama
6th
Bets vs Brady
6th
Gideon vs wainwright
6th
Mapp vs Ohio
4th
Terry vs Ohio
4th
In re: Gault
14th
Roe vs wade
14th
Argersinger vs Hamlin
6th
Weeks vs us
4th
Miranda vs Arizona
5th
Escobedo vs Illinois
6th
Chimel vs california
4th
Furman vs Georgia
8th
Reynolds vs us
1st
How many officers of the court?
6
What is the role of the judge?
Principal officer -
Make sure trial runs smoothly and is fair
What is the role of court clerk?
Secretary to judge - accepts evidence - keeps judge on schedule
What is the role of bailif?
Cop of the court room - protects judge - keeps court room safe
What is role of court reporter?
They use short hand to write down everything that is said in court room and everything that is done.
What is he role of prosecutor?
Against individual that is accused - represents state or victim
Role of defense attorney
Represents the accused and their rights
Name 6 officers of the court
Judge Bailiff Court reporter Court clerk Prosecutor Defense
Explain the concept of a Dual Court System:
The U.S. court system is divided into two administratively separate systems:
the federal:The federal courts handle only cases that involve federal law (such as immigration, use of federal property, eminent domain for federal lands, etc.
the state: The state courts handle cases that involve state laws, such as those with divorce, contracts, custody cases, real estate, etc.
What is jurisdiction?
the official power to make legal decisions and judgments
What are different types of jurisdiction?
Personal jurisdiction is the authority over a person, regardless of their location.
Territorial jurisdiction is the authority confined to a bounded space, including all those present therein, and events which occur there.
Subject Matter jurisdiction is the authority over the subject of the legal questions involved in the case.
What is Venue
Venue is the location where a civil or criminal case is decided.
Plea bargain?
any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor.
Preliminary hearing?
a “trial before the trial” at which the judge decides, not whether the defendant is “guilty” or “not guilty,” but whether there is enough evidence to force the defendant to stand trial.
Own recognizance?
written promise signed by the defendant promising that they will show up for future court appearances and not engage in illegal activity.
Conditional release?
Release of an accused or convict from custody or imprisonment, under conditions which bar him or her from certain activities or associations. Breach of any condition will revoke the release order.
Types of sentences
There are 4:
Determinate -life,fixed,death
Indeterminate -refers to time that is not of a definite or fixed duration
Mandatory -requires that offenders serve a predefined term for certain crimes,
Administrative -second chance
Purposes of sentencing:
Punishment Deterrence Isolation Retribution Restitution Rehabilitation Reintegration
Lay witness
Present conscious aware
Trial process
Opening statements Examination of witnesses direct) Cross examination Closing arguments Jury instruction
