Study for final

Question 1

Define civil law

Answer 1

Legal disputes between people and organizations concerning contracts, property, or familial issues.
Only monetary compensation

Question 2

What is standard of proof in civil case?

Answer 2

preponderance of the evidence:
- less strict than beyond reasonable doubt
- which side is more likely to be true

Question 3

What is Plainview doctrine (4th amend) and what is needed for it to apply

Answer 3

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

Question 4

4th amend

Answer 4

establishes legal boundaries for search an seizure

Question 5

search and seizure

Answer 5

• police officers DO NOT need a search warrant in ALL CIRCUMSTANCES

Question 6

What is a search warrant?

Answer 6

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

Question 7

Bail decision, purpose of bail

Answer 7

Occur at first appearance

ensure the appearance of the accused individual at trial l

Question 8

Types of jurisdiction

Answer 8

• hierarchial
• subject matter

Question 9

valid obJections

Answer 9

• non-responsive
• argumentative
• specualtion
• hearsay
• relevance
• leading question
• foundation
• asked and answered
• vague
• compound question
• privilege
• badgering the witness

Question 10

What are NOT valid objections

Answer 10

• unfair lol
• assumption of facts not in evidence

Question 11

probable cause & why is it important for officers to know

Answer 11

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.

Question 12

What is treatise? What are two requirements for learned treatise in court?

Answer 12

Treatise is an extensive book on a specific topic/ subject

• authoritative
• relevant
  aka recognized as reliable in field + relevant in case

Question 13

STEPS in criminal trial

Answer 13

trial initiation
jury selection
opening statements
presentation of evidence
closing arguments
judge’s charge to the jury
jury deliberations
verdict

Question 14

Role of defense attorney

Answer 14

• representing the accused
• appealing a conviction
• testing strength of prosecutors case
• participating in plea negotiations

Question 15

What is deposition

Answer 15

How attorneys gather information before trial, outside of court, to obtain testimonies, all sworn under oath

Question 16

Grand juries characteristics and duties

Answer 16

• 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

Question 17

what is the exclusionary rule?

Answer 17

illegally obtained evidence cant be used in court

Question 18

What is the purpose of objections

Answer 18

Stop inadmissible info from being said in court to preserve the record for appeal

Question 19

What is preemptory challenge when excluding juror

Answer 19

When an attorney wants to exclude juror for superficial reasons / without real reason
- left comment saying there’s a limited number of these challenges

Question 20

Guilty plea

Answer 20

defendant admits to crimes they are being accused of

Question 21

Nolo contendre

Answer 21

defendant does not admit guilt but does not contest the charges against them

Question 22

Not guilty

Answer 22

defendant does not admit guilt for the crimes and does not accept charges against them = trial

Question 23

What are prosecutors required to do

Answer 23

• assist the defense in building case by making available any evidence in possession

Question 24

What is voir dire

Answer 24

questioning jurors if they are fit
used to determine if jurors are biased or hold preconceived notion of guilt/ innocence

Question 25

What is verdict form

Answer 25

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?

Question 26

What is a tort

Answer 26

breach of duty that results in injury to an individual

Question 27

what is a motion

Answer 27

oral or written request made to court asking it to take some action

Question 28

what is fresh pursuit doctrine

Answer 28

can chase suspect into another jurisdiction if it is happening rn

Question 29

Is daubert followed in FL

Answer 29

yea

Question 30

What is summary judgment

Answer 30

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

Question 31

Rule of law in Joiner

Answer 31

• 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

Question 32

Rule of law Kuhmo + type of case

Answer 32

• Daubert standard applies to all testimony not just scientific analysis
• judge determines relevance of testimony
• civil

Question 33

What is needed to meet Frye?

Answer 33

• relevance
• scientific basis
• acceptance from scientific community

shown in court

Question 34

Daubert standard rule of law

Answer 34

• scientific backing be used to support testimony
• judge is gatekeeper
• is it relevant, is the methodology sound
• she said error rates

Question 35

What does a remanded case mean

Answer 35

sent back to lower courts when appealed

for kuhmo, to use dauberrt standard

Question 36

Frye standard problems

Answer 36

• GENERAL ACCEPTANCE
  = less new methods and techniques
  = what if not everyone agrees

Question 37

Kuhmo tire facts

Answer 37

• 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

Question 38

Daubert Facts

Answer 38

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

Question 39

Frye facts

Answer 39

• defendent charged with murder
• defence wanted to do polygraph in front of jury
• validity of polygraph inconclusive so wasn’t allowed

Question 40

why cant someone other than person who did analysis tesitify?

Answer 40

violates 6th amend to confront accusors

Question 41

Fed rule 702

Question 42

interrogatories

Answer 42

• q ask party specific elements and relevant questions
• no more than 25 q under oath

Question 43

Prosecutorial descretion

Answer 43

• power of ageny to decide how law is applied in situation
• to charge someone w crime or not
• also evidence disclosed

Question 44

Presentence report

Answer 44

criminal history of defendent

Question 45

critical stage

Answer 45

Point in time in crimfinal case where defendent allowed a defense attorney bc They are negatively affected. 6 amended right

Question 46

Arraignment

Answer 46

defendeant is formally charged w crime and gives his plea

Question 47

what is blackstone ratio

Answer 47

better that 10 guilty persons escape than one innocent suffer

Question 48

when is double jeopardy attached

Answer 48

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

Question 49

when is electrostatic lifter used

Answer 49

to find impressions such as dust paarticles or footprints

Question 50

why is chain of evidence import

Answer 50

preserve integrity and authenticity of evidence
prevents contamination, loss, tampering

important for admission in court

Question 51

who is the plaintiff

Answer 51

person/ entity that initiates lawsuit filing complaint against other party, seeking relief

Question 52

what is a leading question

Answer 52

phrased in a way that suggests a specific answer

Question 53

what is stipulation

Answer 53

formal agreement between opposing parties in a legal case
- fact, provision, or contract

Question 54

How many subcommunities in forensic science

Answer 54

13

Question 55

transient evidence

Answer 55

evidence that can be easily lost or altered if not preserved
ex: odor, temperature, blood drying
photography imp

Question 56

notice to appear

Answer 56

written order to come to court and address charges against them

Question 57

lay witness vs expert

Answer 57

lay = personal experience and observation

Question 58

sequestering a witness

Answer 58

witness cant be present without testifying, cant discuss their testimony w anyone