Final court Flashcards

1
Q

Right to impartial Judge (Amendment)

A

14th

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2
Q

Fed Judge Appointment

A

Appointed by pres with state senator approval

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3
Q

Fed judge removal

A

Impeach in the house convict in senate

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4
Q

limits on judicial decisions (4)

A

Impartiality, Actual Controversies, Narrow grounds, No Ruling on Wisdom

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5
Q

Qualifications State Judge (6)

A

citizen, 18, competent, no felony, texas for one year and precinct for six months, not declared ineligible for office

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6
Q

Selection of State judges

A

Election, Merit selection, Appointment

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7
Q

Judicial impeachment

A

impeached by house convicted by senate

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8
Q

Terms of elected Judges

A

2-4 partisan, 4-12 non partisan

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9
Q

prosecutorial discretion 3

A

charge, indict, decline

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10
Q

State attorney general role

A

chief legal officer of the state

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11
Q

solicitor general

A

represents the federal government in trials and appeals

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12
Q

district attorney

A

chief prosecutor for district / county

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13
Q

Types of Defense attorneys

A

private, indigent(assigned, contract, public defender)

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14
Q

Fifth amendment

A

self incrimination

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15
Q

sixth amendment

A

right to counsel

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16
Q

two prongs test of effective counsel

A

performance and prejudice

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17
Q

Typical criminal defendant

A

young male black

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18
Q

Miranda

A

right to remain silent

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19
Q

evidence that proves a fact without the juror needing to infer anything from it

A

Direct evidence

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20
Q

evidence that indirectly proves a fact

A

circumstantial evidence

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21
Q

any tangible item that can be perceived with senses

A

real evidence

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22
Q

information supplied by person under oath

A

testimonial evidence

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23
Q

evidence that seeks to demonstrate a certain point

A

demonstrative evidence

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24
Q

relevant and goes to substantial matters, influence on decision of case

A

material evidence

25
Q

normally not admissible third party statement

A

hearsay

26
Q

when does probable cause apply `

A

warrantless arrest

27
Q

recording the identity of arrestee and pertinent information

A

Booking

28
Q

advised of reason for being detained, protections against self incrimination, right to attorney

A

initial appearance

29
Q

goals of sentencing 4

A

rehabilitation or reformation, retribution, incapacitation, deterrence

30
Q

racial disparity in convictions

A

6x more likely, 15-20% more time

31
Q

ADR 4

A

Arbitration, mediation, Neutral evaluation, conciliation

32
Q

jurisdiction based on type of case

A

Subject matter jurisdiction

33
Q

finding that the death penalty was unconstitutional when applied in an arbitrary or discriminatory manner

A

Furman v georgia

34
Q

guaranteeing the right to legal counsel for criminal defendants in federal and state court

A

Gideon v wainwright

35
Q

Petitioner was denied his right of confrontation of witnesses under the Sixth and Fourteenth Amendments

A

Davis v alaska

36
Q

Supreme Court decision holding that the accused cannot be subjected to actual imprisonment unless provided with counsel

A

Argersinger v. Hamlin

37
Q

rgued that Iowa Code 910A, which provides for the use of a screen in child sexual abuse cases, violated his Sixth Amendment right to confront his accusers face-to-face

A

Coy v iowa

38
Q

upheld a death sentence despite the defendant’s argument that he should not be sentenced to death because he was suffering from drug-induced psychosis when he committed the crimes.

A

Bell v. Cone

39
Q

held that the Due Process Clause of the Fourteenth Amendment required the state to provide a psychiatric evaluation to be used on behalf of an indigent criminal defendant if he needed it.

A

Ake v. Oklahoma

40
Q

exception to rule of judges not initiating legal disputes

A

declaratory judgement

41
Q

listening to facts presented and ruling based on who made the best case

A

Trier of fact

42
Q

tasked with resolving questions of law only

A

trier of law

43
Q

differing of judgement to senators in appointing judges

A

senatorial courtesy

44
Q

law school approach to teaching judges

A

anticipatory socialization

45
Q

unanimity in appellate court cases

A

norm of consensus

46
Q

new justices are overwhelmed

A

Freshman effects

47
Q

a written accusation by the house

A

impeachment

48
Q

federal judges not fully retired working part time

A

senior status

49
Q

total immunity of prosecutor from suit

A

absolute immunity

50
Q

an informal method of steering offender out of criminal justice system

A

diversion

51
Q

5th amend can’t be charged twice for same crime

A

double jeopardy

52
Q

right to face and confront witnesses

A

confrontation clause

53
Q

14th amend rights apply to state courts

A

due process

54
Q

attorney to step in for pro se defendant

A

standby counsel

55
Q

anything not based on personal knowledge of witness

A

hearsay

56
Q

Defending yourself

A

Pro se

57
Q

formal reading of charges

A

arraignment

58
Q

fact that is significant to issue or matter at hand

A

materiality