Final 2024 Flashcards
1
Q
Interrogation
A
police use if to elicit a response
2
Q
Jail
A
-under local jurisdiction
-where detainees await trial or sentencing
-where you serve short sentences
3
Q
Prison
A
-under federal jurisdiction
-long term institution
-houses people convicted of a crime
-sentence is more than 1 year and is upstate
4
Q
Class A felony
A
life or death sentence
5
Q
Class B felony
A
25 years or more
6
Q
Class C felony
A
less than 25 years, but more than 10 years
7
Q
Class D felony
A
less than 10 years, but more than 1 year
8
Q
Examples of a felony
A
-aggravated assault
-domestic violence
-murder
-kidnapping
-arson
9
Q
Felony
A
-larger crime
-usually violent
10
Q
Class A misdemeanor
A
1 year or less, but more than 6 months
11
Q
Class B misdemeanor
A
6 months or less, but more than 30 days
12
Q
Class C misdemeanor
A
30 days or less, but more than 5 days
13
Q
Examples of a misdemeanor
A
-shoplifting
-possession
-prostitution
-vandalism
-traffic violations
-tresspassing
-petty theft
14
Q
Misdemeanor
A
typically non-violent crime
15
Q
What kind of cases does the grand jury hear?
A
only criminal cases
16
Q
What does a grand jury determine?
A
-NOT guilty or not guilty
-determines whether there is probable cause that a citizen committed a crime
-If probable cause exists the grand jury will return with an indictment
17
Q
How many jurors on a grand jury?
A
-16-23 jurors
-they consider multiple cases over the course of their service
18
Q
Are grand jury proceedings public or private?
A
private
19
Q
What kind of cases does a jury hear?
A
both criminal and civil cases
20
Q
What does a jury determine?
A
-guilty or not guilty for criminal cases
-in favor or not in favor of the plaintiff/defendant for civil cases
-listens to evidence and returns with a verdict
21
Q
How many jurors on a jury?
A
-6-12 jurors
-only hear maximum of 1 case during their service
22
Q
Are jury proceedings public or private?
A
public, but jury deliberations are private
23
Q
When is a grand jury used?
A
When a person is charged with a felony (unless the defendant waives this requirement)
24
Q
Arrest
A
authority restrains or seizes someone in connection to a crime
25
Custodial interrogation
-being interrogated while in police custody
-not free to leave
-Miranda Rights are triggered
-police question suspect with an aim of obtaining a confession
-statement must be voluntary in order to be admissible
26
Custody
been arrested and cannot be released until tried in court
27
Exculpatory evidence
evidence that invalidates his guilt completely
28
What are the 2 types of warrants?
1. Search warrant
2. Arrest warrant
29
What do you need in order to issue an arrest or a search warrant?
1. judge has to sign off on it
2. the evidence supports the belief
3. probable cause
4. the suspect is a probable culprit
30
What is an arrest warrant?
a document issued by a judge that authorizes the police to take someone accused of a crime into custody
31
What is a search warrant?
a court order allowing a police officer to conduct a search of a designated premises
32
Is ignorance of the law an excuse for violating it?
-no
-if that were accepted any criminal could claim this and avoid the consequences
33
"Stop" & "Frisk"
-the requirement that police officers have probable cause to arrest makes it difficult for them to investigate.
-police can "stop" someone if there is reasonable suspicion
-police can "frisk" (search) someone for weapons in the appropriate circumstances
34
Arraignment
-when a defendant goes before a judge and is told what their charges are
-bail gets set
-plead guilty or not guilty
35
Bail
-judge has this option
-requires the defendant to put up a certain amount of money to make sure he comes back to court (instead of sitting in jail)
-if you do not return to court you forfeit the money
-this is not an option for people charged with a capital offense
36
Exclusionary rule
prevents the use of evidence that was obtained illegally
37
Indictment
A formal charge or accusation of a serious crime
38
Enabling Act
legislatures establish an administrative agency by enacting a the "Enabling Act"
39
What are the 3 parts of the Enabling Act?
| SFO
1. the agency structure
2. define the agency's functions and powers
3. establish operational standards and guidelines for the agency
40
What would be the legal conclusions if an administrative agency were judicially reversed?
-arbitrariness/capriciousness (no reason)
-an abuse of discretion (showing bias)
-denial of due process
41
# ERIA
What are the 4 main functions of administrative agencies?
1. rulemaking
2. investigation
3. enforcement
4. adjudication
42
# SIP
Explain the "rulemaking" function of an administrative agency
-substantive rules (have to let the public vote on it)
-interpretive rules
-procedural rules (what amount of fees does my restaurant need to pay?)
43
Explain the "investigation" function of an administrative agency
-allows agencies to gather facts
-ex. department of health can come to your restaurant anytime
44
Explain the "enforcement" function of an administrative agency
Ex. if the EPA goes to your power plant and sees you dumping toxins in the lake
45
Explain the "adjudication" function of an administrative agency
-due process requirements apply
-Administrative Law Judges (ALJ)
-ex. the restaurant owner can appeal if you decide to shut his place down
46
What are the 2 agency types?
1. regulatory- makes the rules
2. social- social welfare
47
Examples of a regulatory agency
EPA, IRS, copyright & trademarks
48
Examples of a social agency
veterans admin, social security, medicine
49
Examples of federal agencies
FBI, TSA, NASA
50
Examples of state agencies
NY State Department of Education, Department of Environmental Protection
51
Examples of local agencies
zoning boards
52
Why do we have administrative agencies? What role do they play in our legal system?
-ex. food labeling, approving a drug
-they bring real experts to the issue at hand
53
What does ADR mean?
Alternative
Dispute
Resolution
54
Arbitration
-confidential
-panel appointed
-makes final decision in favor of 1 of the parties
-generally decision in binding
-more formal than mediation, but less formal than litigation in court
-you decide whats in the contract
-cannot appeal
55
Mediation
-confidential
-nothing said can be used in court
-uses neutral 3rd party to act as a facilitator
-informal process, does not follow court rules
-generally non-binding
-success depends on the courts ability to reach an agreement
-often a retired judge or an experienced lawyer
56
Ethical obligation
attorneys have to tell their clients any and all settlement offers made by the other party, even if the attorney thinks it is a ridiculous offer
57
Arbitration contract
-you decide what's in the contract
-may contain provisions saying that any issue must be resolved through arbitration- meaning no filing a civil lawsuit in court
58
What are the 2 methods of ADR
1. arbitration
2. mediation
59
Arbitrator award
arbitrators final decision
60
What are the ADVANTAGES of resolving disputes through arbitration or mediation as compared to litigation in court?
-cheaper
-confidential
-parties choose arbitrator or mediator
-mediations are voluntary
61
What are the DISADVANTAGES of resolving disputes through arbitration or mediation as compared to litigation in court?
-confidentiality
-limited discovery
-very hard to appeal arbitrator's decision - arbitrator award
62
What does GDPR mean?
General
Data
Protection
Regulation
63
What do all states have regarding data privacy?
Data Breach Notification Laws
64
Examples of federal data privacy statutes (apply to all states)
-HIPAA
-COPPA
-Video Privacy Protection Act
-Electronic Communications Protection Act
65
Examples of privacy statutes by state
-Michigan: Preservation of Personal Privacy Act -PPPA
-Illinois: Biometric Privacy Information Act -BPI
-New York: Cyber security Requirements for Financial Services Companies -CRFSC
66
Explain "agreements" and "disclosures" regarding data privacy
-for the most part it is a matter of contract
-need valid consent
-once you press agree companies can do whatever they want with your data
67
What are class actions and why do they exist?
-one or a few people bring a civil lawsuit on behalf of himself and all those in a similar situation
-if a legal claim is too small you can bring it on behalf of a larger group
68
What are the 4 characteristics needed to file a class action lawsuit?
| CANT
1. commonality
2. adequacy
3. numerosity
4. typicality
69
Explain "commonality" for class action lawsuits
must be 1 or more legal or factual common to the entire class
70
Explain "adequacy" for class action lawsuits
the representative of the party or parties must adequate protect the interest of the class
71
Explain "numerosity" for class action lawsuits
the class must be so large as to make individual suits impractical
72
Explain "typicality" for class action lawsuits
the claims or defenses must be typical to the plaintiffs or the defendants
73
What is the New York Get law?
allows courts to withhold a civil divorce from a husband if he refuses to grant his wife a Jewish divorce
74
What is a healthcare proxy?
allows you to designate another person as your agent to make healthcare decisions on your behalf
75
What is a will?
legal document that describes how you would like your property and other assets distributed after death
76
What is a living will?
a legal document that outlines your preference for medical care if you become incapacitated
77
What is general power of attorney
a legal document that grants an agent authority to make decisions on your behalf
78
What is limited power of attorney?
delegates decision making power for only the specific provisions that you outlined
79
What is durable power of attorney?
-remains effective when you are incapacitated or incompetent
-can take effect before hand if specified in your power of attorney document
