Preparing For Court Flashcards
District or Superior Court?
“Hectic”
District.
District or Superior Court?
“Formal”
Superior.
District or Superior Court?
“Handles only infractions and misdemeanors.”
District.
District or Superior Court?
“Handles only felony offenses.”
Superior.
District or Superior Court?
“No jury present.”
District.
District or Superior Court?
“Jury is present”
Superior.
District or Superior Court?
“Answers toward the judge.”
District.
District or Superior Court?
“Answers toward the jury.”
Superior.
District or Superior Court?
“Holds juvenile court.”
District.
District or Superior Court?
“Handles civil cases involving $25,000 or more.”
Superior.
District or Superior Court?
“Handles involuntary commitment orders and domestic violence (50-B).”
District.
District or Superior Court?
“Arraignment is required.”
Superior
Who determines the verdict?
The jury.
A district attorney is also known as the ____________.
Prosecutor.
What is a D.A.?
What is a A.D.A?
(1) District attorney.
(2) Assistant district attorney.
___________ is responsible for the direct examination.
District Attorney.
____________ is responsible for the cross examination.
Defense Attorney.
Who holds the burden of proof?
The State.
As a defendant remains on the stand, he is ______________, until proven guilty by the state.
Innocent.
A plaintiff refers to ONLY _________ cases.
Civil.
Police officers ONLY deal with _______ cases.
Criminal.
Before testifying, you must swear or affirm. Why would someone choose to prefer affirm rather than swear?
(1) Swearing is done before God.
(2) Affirming has no religious beliefs.
What do you say if you can’t remember?
“I don’t recall.”
What do you say if can’t hear the statement?
“Do you mind repeating please?”
Should you refer to people by their name or pronouns.
Name.
What does DPS stand for?
Department of Public Safety.
What does DOC stand for?
Department of Corrections.
Always point to diagrams for the ________ or_______.
Judge or jury.
An exhibit in court is also known as _________.
Evidence.
True or false:
Correct yourself if you find yourself to be wrong in court.
True.
If you realize after court, then tell the District Attorney.
Who do you inform if your testimony is different from someone else?
The District Attorney.
True or false:
Defense attorney’s CANT use anything you say against you. Ex: talking outside the courtroom.
False.
They can use anything against you.
Trace the case from trial to appeal:
Selection of jury, opening statements, the prosecution, the defense, the states rebuttal, closing statements, instructions to the jury, jury deliberation, announcement of verdict, the sentencing, and then the appeal.
The judge is in charge of giving ___________ to the jury and giving the _____________ to the convict.
(1) Instructions
(2) Sentencing \
What are some things an officer should be aware of before the first day of court?
Parking, bathrooms, finding the courtdocket on nccourts, finding the D.A., and the function of court personal.
What are an officers three most important attributes to a trial?
Honesty, impartiality, and an accurate testimony.
A good reputation also enhances an officers __________.
Credibility.
_____________: “A body of citizens who hears cases and determine whether probable cause exists that a crime has been committed and whether to issue a true bill of indictment.”
Grand jury
What is a discovery?
A process to make the parties aware of the evidence which may be presented at trial.
How do you obtain a court docket?
Go to NCcourts.gov
True or false:
Refrain from unprofessional remarks, off-color jokes, personal items, etc.
True
True of false:
Refrain from your telephone ringing, rubbing the nose, pulling earlobes, cleaning fingernails, etc.
True
Should you use police jargon?
No.
“__________ occurs when someone willfully and corruptly, while under oath or affirmation, gives testimony or makes a statement that is false and material.
Perjury
What is the punishment for perjury?
Class F felony.
___________ should be used when mentioning distances.
References.
True or false: Use qualifiers (ex: I think…I believe…)
False.
What are the purposes of direction examination?
(1) To bring out the facts of the case relevant to the party calling the witness, typically the prosecutor.
(2) To establish the elements of each of the crimes charged beyond a reasonable doubt.
What are the purposes of cross-examination?
(1) To bring out the whole truth, not just facts favorable to the prosecution.
(2) To uncover omissions in testimony, which could have the effect of leaving unfair, untrue, or misinterpreted conceptions in the jury’s mind.
(3) To develop and bring out a witness’ prejudices.
(4) To demonstrate a witness’ uncertainty or unfamiliarity with the facts.
During direct examination, is the attorney allowed to use leading questions?
No.
_____________: results when the district attorney agrees to dismiss or reduce a case for a certain reason.
Plea-bargaining.
Plea-bargaining reasons:
(1) Over-crowed courts
(2) D.A. realizes evidence is weak
(3) Defendant believes jury will convict him/her of greater charge.
(4) Reasonable interest in justice (reduce the charge).
Who is in charge of plea-bargains?
District attorney
The _________ Court of NC: “the highest court in NC state judicial branch, does not use juries, and makes no determinations of fact.
Supreme
NC __________ of ___________: hears appeals directly from certain administrative agency decision.
Court of Appeals
Magistrates are __________ officials.
Judicial
How long is the term of a district attorney?
4-year
________ _________: The state provides legal counsel in a variety of actions and proceedings for defendants who have been determined by a judge to be financially unable to hire their own attorney.
Public defenders
Who hears and decides special proceedings (such as adoptions, condemnations, partitions, and foreclosures).
Clerks of superior court
For victims benefits, NCGS 15A-831, gives officers __ hours to inform
72.
Who sets the bond and decides the first court appearance?
The magistrate.
How many people are in a traditional jury?
12.
How many people are in a grand jury?
18.
___________: Refers to the actual process of bringing the defendant before the judge in open court and informing him of the charges pending against him and directing him to plead.
Arraignment.
A _________ to suppress is the exclusive way to seek the exclusion of illegally obtained evidence.
Motion
