Practicum Flashcards
Ethics
“the study of the general nature of morals and of the specific moral choices to be made by a person; moral philosophy” and “the rules or standards governing the conduct of a person or the members of a profession,”
Ethics Interpreter
An interpreter must use his or her best skills and judgment to interpret accurately without embellishing, omitting, or editing
Embellishments
never to add anything to or elaborate on the message you are interpreting,
not even for the sake of smoothing over choppy delivery by the speaker.
Clarifications
the information should accurately reflect only the information received in the source language
Converting Monetary Units and Units of Measurement
Under no circumstances should an interpreter become involved in the conversion of units of measurement or currency from one system to another.
Omissions
It is not discretion of the interpreter to decide which portions of the testimony and proceedings will and will not be rendered into the target language.
Editing
Editing
sworn duty to interpret everything that is said in court during the proceedings, You should not add or subtract any words for the sake of clarity or expediency.
Third-Person References
It is common for persons who use interpreters to preface their statements with phrases like “Tell him that . . .” and “Ask him if . . .” rather than addressing each other directly.
Word Repetition
Repetition and redundancy are important factors in evaluating witness testimony. You should not add or subtract any words for the sake of clarity or expediency.
Civil: Damages
sum of money the law imposes for a “breach or violation” of a law.
Type of civil damages
Compensatory
Punitive
Nominal
Consequential
Compensatory
intended to compensate for injured party for lesser injury.
Punitive
awarded to punish and deter a wrong doer.
nominal
the court awards a nominal amount to winning party
consequential
a type of compensatory damages, may be awarded when the loss suffered by a plaintiff is not caused directly or immediately by wrongful conduct of a defendant but results from the defendants’ action instead.
Felony in Federal Court
crime punishable by death or imprisonment in excess of one year
misdemeanor in Federal Court
crime punishable y one year or less
theft
up to 500 misdemeanor above felony. larceny
traffic violations
misdemeanor speeding, driving without a license or insurance, DUI
traffic violation (felony)
leaving the scene of an accident or vehicular homicide
felony example
murder, rape, arson, sale of ilegal drugs, grand theft, kidnapping
the Courtroom
where formal court proceedings are held. is a quiet and dignified setting reflecting the importance and seriousness of legal matters brought before the Court
Courtroom division
divided into two parts by a barrier know as the bar.
bench, tables where the plaintiff defendant and council sits. jury box, court reporter ineterpreter and bailiff sits in this area.
gallery for general public.
role of the judge
presides over a court of law,
applies the law,
oversees the legal process and
issues a ruling based on his or her interpretation of the law.
JUDGE’S CHAMBERS
The Judge’s chambers is an office near the courtroom where the Judge meets with attorneys, reads court files, researches legal issues and writes opinions. Unlike the courtroom, a judge’s chambers is not open to the public
ROLE OF THE BAILIFF
a law enforcement officer, responsible for providing security and enforcing the law in and around the courthouse.
Escorts in-custody defendants to and from court proceedings; and
Takes charge of the jury during the time of deliberation to assure that no unauthorized persons come into contact with members of the jury.
ROLE OF THE COURT INTERPRETER
The state Constitution guarantees that “a person unable to understand English who is charged with a crime has a right to an interpreter throughout the proceedings.”
interprets a criminal court proceeding for a defendant or witness who speaks or understands little or no English.
allow a non-English-speaking defendant or witness to participate in judicial proceedings. Interpreters must render a complete and accurate interpretation, without altering, omitting, or adding anything to what is stated or written.
ROLE OF THE COURTROOM CLERK
The courtroom clerk sits in the courtroom near the Judge and prepares the minutes of the court proceedings.
ROLE OF THE COURT REPORTER
The court reporter sits near the witness stand in the courtroom and records every word that is spoken during the trial or introduced into evidence by typing on a stenographic machine. This verbatim record becomes the official record of the trial. The court reporter also produces a written transcript of the proceedings as ordered by the court or upon request by either party.
ROLE OF THE ATTORNEY
The Attorney sits at the counsel tables near the bench. The attorney will speak to the judge, a witness, or the jury. In a criminal case, the government’s lawyer–the Prosecutor –is a representative from the District Attorney’s office. The defendant may be represented by a Public Defender, a lawyer appointed by the court, a private attorney hired by the defendant, or occasionally defendants will decide to proceed without an attorney. In a civil case, the parties will hire their own lawyers, or appear without counsel.
ROLE OF THE WITNESS
The witness gives testimony about the facts or issues in the case that are in dispute. During the testimony, the witness sits on the witness stand, facing the courtroom. Because the witness is asked to testify by one party or the other, they are often referred to as the plaintiff’s witness, government witness, or defense witness.
ROLE OF THE JURY
The jury is seated in the boxed-in area on one side of the courtroom. A jury is a group of 12 individuals sworn to hear the evidence presented in a case. One or more alternate jurors are selected in the event a sworn juror is unable to complete the trial for health or other reasons. Alternates hear the trial but do not take part in deciding the verdict unless a juror is unable to deliberate.
The jury’s role is to decide the facts in the case and apply the law on which the Judge has instructed them in order to reach a verdict.
Family Law
Superior Court Civill Matters
Protected and/or Restraining orders
Protection orders are given in both family and criminal court. Complaining witness request the court for an order; the judge may issue an order to his discretion.
In criminal court the person is arraigned for criminal charges, and the issues a temporary order of protection.
Type of Protection orders
Temporary (during the court proceeding)
Permanent is a result of a court proceeding.
violations to protected orders
only the court has the authority to remove/vacate the order.
penalties for violating a restraining order
vary according to the type of restraining order and the severity of the violation including jail and/or a fine up to 10K. violation of a protection order can result in a felony and/or misdemeanor.
Contempt
criminal charges and or arrest if parties engaged in prohibited behavior. provisions may last up to 1-5 years for
domestic violence, no contact, peaceful contact provision, stay away, move out, firearms, counseling. penal code 296, finger printing refusal, special conditions of probation for gang members and associates.
workers compensation
employment injury, fired after work injury, lawyer refers injured employee to rehabilitation and doctor evaluation, after a period of time a deposition is scheduled.
deposition
is a fact finding proceeding
is a civil proceeding.
deposition for injured worker/employee
The attorney for the deposition obtains information about the incident (injury) . ITS a question and answer session; the court reporter transcribes all the questions and answers . The transcript is called “the record” , it may be used as evidence.
DURING THE DEPOSITION
The court reporter administers an Oath to the deponent swears .
“Do you swear or affirm that the testimony that your about to give in this proceeding will be correct and accurate to the best of your knowledge, so help you God?
YES I SWEAR!
The attorney for the deposition may ask questions that range from
General Information : name, prior address Daily activities Hobbies Eating /Diet Exercise routine Hygiene Family relationships Husband / wife ( intimacy ) Medications ( prescribed , non prescribed) Illegal Drug use Past traumatic experiences Physical Injury and/or Psychological injury "CHALLENGE" Endurance 3 Hour or 6 Hour Depositions Pain Descriptors Sharp, dull, tingling, intermittent ,constant ( "it hurts here") Motion & Range Twisting or Bending; crouching or stooping;standing, kneeling Work safety -gear Eye protective goggles Protective gloves Back brace belts Head protective gear
