Study for final Flashcards
Define civil law
Legal disputes between people and organizations concerning contracts, property, or familial issues.
Only monetary compensation
What is standard of proof in civil case?
preponderance of the evidence:
- less strict than beyond reasonable doubt
- which side is more likely to be true
What is Plainview doctrine (4th amend) and what is needed for it to apply
Can collect evidence if it is in plain view w/out warrant
- officers must have the right to be in the viewing area
- cause to believe that evidence is associated with criminal activity
4th amend
establishes legal boundaries for search an seizure
search and seizure
- police officers DO NOT need a search warrant in ALL CIRCUMSTANCES
What is a search warrant?
Order issued by magistrate and directed to a law officer that commands a search of a specified premise and it can be orally communicated or written
Bail decision, purpose of bail
Occur at first appearance
ensure the appearance of the accused individual at trial l
Types of jurisdiction
- hierarchial
- subject matter
valid obJections
- non-responsive
- argumentative
- specualtion
- hearsay
- relevance
- leading question
- foundation
- asked and answered
- vague
- compound question
- privilege
- badgering the witness
What are NOT valid objections
- unfair lol
- assumption of facts not in evidence
probable cause & why is it important for officers to know
Facts that would lead a reasonable person to conclude that a criminal act will be, is, or has been committed.
Officers should know bc this is important for search warrants and stops etc.
What is treatise? What are two requirements for learned treatise in court?
Treatise is an extensive book on a specific topic/ subject
- authoritative
- relevant
aka recognized as reliable in field + relevant in case
STEPS in criminal trial
trial initiation
jury selection
opening statements
presentation of evidence
closing arguments
judge’s charge to the jury
jury deliberations
verdict
Role of defense attorney
- representing the accused
- appealing a conviction
- testing strength of prosecutors case
- participating in plea negotiations
What is deposition
How attorneys gather information before trial, outside of court, to obtain testimonies, all sworn under oath
Grand juries characteristics and duties
- determines if an accused individual should be held over for an actual trial
- meets in secret, with no opportunity for the accused to cross-examine witnesses
- may initiate prosecution independent of the prosecutor
- issue indictments charging someone with a crime
NOT determining guilt
what is the exclusionary rule?
illegally obtained evidence cant be used in court
What is the purpose of objections
Stop inadmissible info from being said in court to preserve the record for appeal
What is preemptory challenge when excluding juror
When an attorney wants to exclude juror for superficial reasons / without real reason
- left comment saying there’s a limited number of these challenges
Guilty plea
defendant admits to crimes they are being accused of
Nolo contendre
defendant does not admit guilt but does not contest the charges against them
Not guilty
defendant does not admit guilt for the crimes and does not accept charges against them = trial
What are prosecutors required to do
- assist the defense in building case by making available any evidence in possession
What is voir dire
questioning jurors if they are fit
used to determine if jurors are biased or hold preconceived notion of guilt/ innocence
What is verdict form
form used by jury to record their decision all questions to consider are outlined
in criminal: guilty / not guilty
Civil: breached a duty? / what damages?
What is a tort
breach of duty that results in injury to an individual
what is a motion
oral or written request made to court asking it to take some action
what is fresh pursuit doctrine
can chase suspect into another jurisdiction if it is happening rn
Is daubert followed in FL
yea
What is summary judgment
in civil case, prodecure is used to decide a case w out trial on the law based on the facts
- no material facts can be disputed
- requested by plaintiff and defendant
Rule of law in Joiner
- Abuse of discretion standard is the correct standard for appellate court in reviewing trial courts decision to admit test
- judge is the gatekeeper for reliability and relevance of expert test
V. general electric co
Rule of law Kuhmo + type of case
- Daubert standard applies to all testimony not just scientific analysis
- judge determines relevance of testimony
- civil
What is needed to meet Frye?
- relevance
- scientific basis
- acceptance from scientific community
shown in court
Daubert standard rule of law
- scientific backing be used to support testimony
- judge is gatekeeper
- is it relevant, is the methodology sound
- she said error rates
What does a remanded case mean
sent back to lower courts when appealed
for kuhmo, to use dauberrt standard
Frye standard problems
- GENERAL ACCEPTANCE
= less new methods and techniques
= what if not everyone agrees
Kuhmo tire facts
- Kuhmo tire sued by Carmichael
- tire blow out caused accident, death, and injuries
- Carmicheal claimed tire defect
- expert witness that performed tire analysis
- testimony thrown out because it was not certain w those methods he could tell if it was old or faulty
Daubert Facts
Plaintiffs = children with birth defects claimed BENEDECTIN cause birth defect
- Merill dow = defendent
- plaintiffs used studys from a drug that was similar
- not used bc not same drug and merill dow had studies showing no bd
Frye facts
- defendent charged with murder
- defence wanted to do polygraph in front of jury
- validity of polygraph inconclusive so wasn’t allowed
why cant someone other than person who did analysis tesitify?
violates 6th amend to confront accusors
Fed rule 702
interrogatories
- q ask party specific elements and relevant questions
- no more than 25 q under oath
Prosecutorial descretion
- power of ageny to decide how law is applied in situation
- to charge someone w crime or not
- also evidence disclosed
Presentence report
criminal history of defendent
critical stage
Point in time in crimfinal case where defendent allowed a defense attorney bc They are negatively affected. 6 amended right
Arraignment
defendeant is formally charged w crime and gives his plea
what is blackstone ratio
better that 10 guilty persons escape than one innocent suffer
when is double jeopardy attached
when a jury is sworn in for a jury trial or when first witness is sworn for bench trial
presents person from being charged twice for same offense
when is electrostatic lifter used
to find impressions such as dust paarticles or footprints
why is chain of evidence import
preserve integrity and authenticity of evidence
prevents contamination, loss, tampering
important for admission in court
who is the plaintiff
person/ entity that initiates lawsuit filing complaint against other party, seeking relief
what is a leading question
phrased in a way that suggests a specific answer
what is stipulation
formal agreement between opposing parties in a legal case
- fact, provision, or contract
How many subcommunities in forensic science
13
transient evidence
evidence that can be easily lost or altered if not preserved
ex: odor, temperature, blood drying
photography imp
notice to appear
written order to come to court and address charges against them
lay witness vs expert
lay = personal experience and observation
sequestering a witness
witness cant be present without testifying, cant discuss their testimony w anyone
